

















































































































































































































































' / i Pf 


ENCYCLOPEDIA METROPOLITANA: 

OR, 

\ * ' 

SYSTEM OE UNIVERSAL KNOWLEDGE: 

OK A METHODICAL PLAN 


PROJECTED BY SAMUEL TAYLOR COLERIDGE. 

CABINET EDITION. 


ROMAN ANTIQUITIES. 




CLASSICAL MANUALS. 

uniform with this volume. 

*«*■ 

and other Coste^JL “** H ' Thompsox, If., 

1 Cj ' kono, -ooicai, Tables and Index r 

index. Crown 8vo, 7s. 6d. cloth. 

By the 

‘he Rev. J. m. Neale, B.D., 

Crown 8vo, 10s. 6d. cloth. 

^^IVEESAl SlSTOEy 
introduction TO Hltroov OEY. 

F,EST: °” the *• History as a sj' LIZ 7?*”"* 

Facts of History f rom he Se P ara tion of the Early 

dt Sut John Stoddaet LI ti r 

’ LL - D - C ™™ 8vo, 5s, cloth. 





A MANUAL 


OF 

ROMAN ANTIQUITIES. 


WILLIAM RAMSAY, M.A. 

PROFESSOR OF HUMANITY IN THE UNIVERSITY OF GLASGOW. 



WITH NUMEROUS ILLUSTRATIONS. 


THIRD EDITION, REVISED. 


■j i 
} J J 


LONDON AND GLASGOW: 
RICHARD GRIFFIN AND COMPANY, 

PUBLISHERS TO TIIE UNIVERSITY OF GLASGOW. 

1855. 
























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pkinted by bell a.vd bain, 


ST. ENOCH SQUAHE. 








PREFACE. 


In compiling this Treatise, I have endeavoured to present, in a 
connected form, such information on the Topography of the Roman 
City, on the rise and gradual development of the Roman Constitution, 
and on the social and domestic habits and feelings of the Roman 
People, as may serve to remove some of the obstacles which impede 
the progress of those who are desirous of applying themselves to the 
study of Latin Literature. It must be understood, however, that the 
inquiries here prosecuted do not extend beyond the latter portion of 
the first century after the birth of Christ. But, even when thus 
limited, the subject is so vast and so varied, that while it has been 
found impossible to dilate upon any topic, it has been necessary to 
touch very lightly upon several, and to pass over altogether many 
more which, although highly interesting in themselves, do not bear 
directly upon the object in view. 

It would answer no good purpose to enumerate the long array of 
treatises and disquisitions which have been consulted in drawing up a 






VI 


PREFACE. 


work like the present, which ought to exhibit in a condensed shape 
the results of tedious and intricate researches, but I cannot pass over 
in silence the great assistance I have received from the “Gallus ” and 
the “ Handbuch der Romischen Altherthiimer,” unfortunately never 
completed, of the late lamented Wilhelm Adolph Becker. 

Those who desire to enlarge their knowledge upon any of the 
subjects discussed in the following pages, may consult with advantage 
the excellent “Dictionary of Greek and Roman Antiquities,” edited 
by my accomplished friend Doctor William Smith. I had the honour 
to contribute a few articles to that book, but I do not feel myself 
prohibited by that circumstance from speaking of it, as a whole, in 


terms of the warmest praise. 


WILLIAM RAMSAY. 


Glasgow College, 28 th January, 1851 . 



Rome seated on the Seven Hills, from a large Brass of Vespasi:, 




CONTENTS 


CHAP I. 

PAGE 

TOPOGRAPHY OF ROME,.• ! 

cnAP. ii. 

ON THE ORIGIN OF THE ROMAN PEOPLE, AND THEIR POLITICAL AND 

SOCIAL ORGANIZATION, FROM THE EARLIEST TIMES, . . 00 

CHAP. III. 

ON THE GENERAL PRINCIPLES OF THE ROMAN CONSTITUTION, AND 
THE RIGHTS OF THE DIFFERENT CLASSES OF PERSONS WHO FORMED 
THE POPULATION OF THE ROMAN EMPIRE, . 79 

CHAP. IV. 

THE COMITIA,.104 

CHAP. V. 

MAGISTRATES OF THE REGAL AND REPUBLICAN PERIODS AND UNDER 

THE EARLY EMPERORS,.131 

CHAP. VI. 

THE SENATE, . .213 

CHAP. VII. 

ON THE PUBLIC LANDS AND THE AGRARIAN LAWS, . . . 225 

CHAP. VIII. 


THE ROMAN REVENUES, 


232 






CONTENTS. 


Vlll 


CITAP. IX. 

ROMAN LAW AND THE ADMINISTRATION OF JUSTICE, 

ciiap. x. 

RELIGION OF ROME,. 


CHAP. XI. 

THE ROMAN CALENDAR, .... 


CIIAP. XII. 

THE MILITARY AND NAVAL AFFAIRS OF THE ROMANS, 


CIIAP. XIII. 

ROMAN WEIGHTS AND MEASURES-COINS-COMPUTATION OF MONEY- 
INTEREST OF MONEY,. 


CHAP. XIV. 

PRIVATE LIFE OF THE ROMANS, 



* 


FACE 

2-J i 


316 


362 


377 


408 


421 




EXPLANATION 

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CHAPTER I. 


TOPOGRAPHY OF ROME . 1 


Campagna di Roma.— The district now known as the Campagna di Roma 
extends along the shore of the Mediterranean for sixty miles southward from the 
mouth of the Tiber, and inland as far as the first slopes of the Apennines, which 
heie begin to lise at a distance ot from 2 o to 35 miles from the sea. This region 
presents a very peculiar aspect. In the immediate vicinity of the coast the land 
is low and swampy, and as we ascend the streams the meadows which border 
their banks partake ot the same character. But the remainder of the country is 
a vast expanse of table land, rolling in long swells, broken and furrowed in all 
directions by deep ravines and water-courses, the sides of which are frequently 
rocky and precipitous. The surface of the table land is, for the most part, per¬ 
fectly diy, the. general elevation above the level of the sea is seldom less than 
100 feet, and in some places it rises into ridges of considerable height, while in 
the midst of the plain the bold, picturesque, isolated mass of the Alban hills ( Mons 
Albanus ) divides the Campagna proper from the deadly level of the Pomptine 
marshes ( Paludes Pomptinae.) 

Site of Rome.— The seven hills. — About eighteen miles from the mouth of 
the Tiber, the stream, whose course is south by west, makes a very sudden bend 
nearly due west 5 and, as it gradually sweeps back to its former direction, forms 
an acute angle, in which lies an alluvial meadow, containing upwards of 300 
English acres. This is the celebrated Campus Martius, and on this flat a great 
portion of the modem city has been built. The southern extremity of the Cam¬ 
pus Martius was known by the name of the Prata Flaminia. 

A steep bank rises abruptly from the edge of the Campus Martius, and then 
slopes gradually into the table land, which forms the general surface of the 
country beyond. This bank presents a veiy irregular and rugged outline towards 
the river, the continuous ridge being broken by numerous projecting bluffs, which 
jut out into the low ground, and, of these, the four which approach most nearly 
to the river, at the southern extremity of the Campus Martius, being cut off from 

1 It is necessary to warn the young scholar that almost every point connected with the 
topography of ancient Rome, beyond the mere identification of the seven hills, has given 
rise to animated, complex and interminable controversies, which, in some cases, such as the 
disputes regarding the position of the Forum, and the determination of the Arx and the 
Capitolium, may almost be said to have assumed the aspect of a national quarrel, since 
nearly all Italian antiquaries adopt one set of opinions, while the most eminent Germans 
agree in advocating opposite views. We cannot, of course, in a work like the present at¬ 
tempt to give even an outline of the arguments and illustrations employed by the conflicting 
parties ; but we shall endeavour to state plainly those conclusions which appear most 
reasonable, following, in a great measure, as our most trustworthy guides, the great work 
by Platner, Bunsen, Gerhard and Rostell, entitled “ Beschreibung der Stadt Rom,” and the 
first part of the “ Handbuch der Romischen Altherthiimer,” by the late lamented Wilhelm 
Adolph Becker, to which we may add some excellent papers in the Classical Museum bv Mr. 
E. H. Bunbury. J 

B 


2 


TOrOGKAPHY OF ROME. 


the main ridge, and from each other, by intersecting hollows, stand as small 
isolated hills, with steep rocky escarpments. The smallest of the four, that which 
lies farthest to the north, is the Mons Capitolinus ; next in size, to the south 
of the Capitoline, is the Palatium or Mons Palatinus ; to the south of the 
Palatine, larger than either of the preceding, and almost touching the river, is 
the Mons Ayentinus ; to the south-east of the Palatine, and separated both 
from it and from the Aventine by a deep hollow, is the Mons Coelius, origi¬ 
nally called, we are told, Mons Querquetulanus. 

Another deep hollow to the north of the Coelian divides it from a long con¬ 
tinuous ridge, which, on the east, slopes gradually into the Campagna, while on 
the west, or side next the river, it is broken into four tongues, separated from 
each other by narrow dells. These tongues, taken in succession, are, Esquiliae 
or Mons Esquilinus, which comprehends two projections, severally distin¬ 
guished, in ancient times as the Mons Oppius and the Mons Cispius , 1 names, 
however, which, in the Augustan age, were known to the learned only—beyond the 
Mons Cispius, the Collis Yiminalis —beyond the Yiminal, the Collis Quiri- 
nalis —beyond the Quirinal the Collis Hortulorum, called, at a late period, 
Mons Pincius. The Mons Capitolinus, Mons Palatinus, Mons Aventinus, 
Mons Coelius, Mons Esquilinus , Collis Viminolis, Collis Quirinalis , are the 
far-famed Seven hills of Pome. It will be seen from this description, which must 
be carefully compared with the plan prefixed to this chapter, that the Mons 
Capitolinus , the Mons Palatinus , the Mons Aventinus , and the Mons Coelius 
can alone be regarded as hills, in the ordinary acceptation of the term, the 
remainder are mere irregular projections in the table land which constitutes the 
Campagna. 

The broad slope of the Mons Oppius, towards the Palatine, was the Carinae ; 2 
the low ridge which runs from the Palatine towards the Carinae was the Velia ; 
the lower slope of the Palatine, towards the Capitoline and the Tiber, was the 
Cermalus or Germalus; one of the branches of the Coelian, whose outline, on 
the eastern side, is not very sharply defined, was the Coeliolus or Minor Coelius. 3 
Lastly, it will be observed that there is a hill behind the Aventine, separated 
from it by a well marked hollow, the two highest points being now marked by the 
modern churches of S. Saba and S. Balbina. We can scarcely suppose that it was 
regarded merely as a part of the Aventine, but we do not find it designated by 
any separate name, nor, indeed, is it distinctly noticed by any classical author. 

It must be remarked, that the hills of Rome do not now present, by any means, 
the same aspect which they must have borne during the earlier ages of the city. 
Their summits have been smoothed and levelled to adapt them for the founda¬ 
tions of the edifices by which they were crowned; their steep rocky sides have 
been, in many places, sloped away in order to afford more easy access, and the 
enormous accumulation of rubbish around their bases, has raised the surface of 
the ground below, and thus materially diminished their apparent elevation. 

Nearly opposite to the base of the Capitoline, the river, dividing into two 
branches, forms, as they reunite, a small island, the Insula Tiberina. 

Crossing over to the right bank of the Tiber, a long continuous ridge extends 
from the vertex of the acute angle formed by the bend of the river, as far as the 
Aventine, this is the Janiculum. To the north-west of the Janiculum, separated 
from it by a deep depression, and at a greater distance from the river, is the 

1 Varro L.L. Y. § 50 Fest.. s.v. Septimontio, p. 348. Aul. Gell. XY 1 

2 Liv. XXYI.10. Dionys. III. 22. 

3 Varro L.L.V. J 40.—Orat. de Hurusp. Resp. 15. Mart. XII. 18. 


TOPOGRAPHY OF ROME. 


3 


Moss Vaticantts. The meadow between the Vatican and the Tiber was the Ager 
Vatic anus, of which the Prata Quinctia formed a part, and the slope between 
the Janiculnm and the Tiber, was comprehended under the general designation of 
Regio Transtiberina. 

Returning to the left bank and the seven hills, we may now notice the hollows 
and open spaces, by which the different eminences were separated from each other. 
The ravine between the Palatine and the Aventine was the Vallis Murcia , it 
was traversed by a small rivulet, the Aqua Crabra , and here was laid out the 
Circus Maximus , the great race-course of Rome. In the low ground, extending 
from the Capitoline towards the Velia lay the Forum Romanum; to the north¬ 
east of the Forum Romanum the extensive Fora of the Emperors were formed, 
the Forum Julium , the Forum Augusti , the Forum Nervae , and, by far the 
most magnificent of all, the Forum Traiani , which lay immediately under the 
Quirinal, vast masses of the hill itself having been cut away, in order to 
enlarge the area. Passing over the ridge of the Velia, we descend into the 
hollow between the Coelian and the Esquiline, of which the western portion 
seems to have been known anciently by the name Ceroliensis , 1 2 3 4 and is now 
marked by the stupendous ruins of the Coliseum, while farther east we ought, 
probably, to place the Tabernola? In the hollow between the Esquiline and 
the Quirinal, where the two projecting tongues of these hills almost meet, lay 
the Suburra ,® one of the most busy and thickly peopled quarters of the city; 
a street running from the Suburra through the narrow opening between the 
Mons Cispius and the Mons Oppius, was the Vicus Cypriusf the slope which 
led up from it to the high ground of the Esquiline was the Clivus Urbius , 5 and 
at the extremity of this slope was the Vicus Sceleratus , 6 so called because this 
was the spot where Tullia drove her chariot over the dead body of her murdered 
father. In the hollow between the Esquiline and the Viminal was the Vicus 
Patricius , 7 and between the Suburra and the Forum was the Argiletum , (i.e. 
the clay-field,) a word which the perverse etymologists of Rome chose to con¬ 
sider a compound of Argi letum , and to explain it invented a legend about an 
imaginary hero, Argos, who was represented as having met his death upon this 
spot. 8 In the neighbourhood of the Argiletum was the district of the Lautumiae 
or stone-quarries, where one of the prisons was situated, hence called Career 
Lautumiarum , or simply Lautumiae , 9 which must be carefully distinguished 
from the more ancient prison on the slope of the Capitoline, to be mentioned 
hereafter. 

The whole of the low ground lying between the Tiber, the north point of the 
Aventine, the south point of the Capitoline, and the west point of the Palatine 
was, from a very early period, designated as the Velabrum. This space, to¬ 
gether with the Forum, and the hollow between the Capitoline and the Palatine, 
which connects them, was a swamp, frequently overflowed by the river until the 
stagnant waters were carried off by the great drain known as the Cloaca 
Maxima , while, at the same time, the river was confined within its bed by a 


1 Varro L.L.V., § 47. 

2 Varro L.L. Y. § 47. 50. 

3 Varro L.L. Y. § 48. Fest. s.v. Subura, p. 309. 

4 This is the opinion expressed by Urlichs in the Beschreibung der S.R. Bk. III. p. 194 ; 

but it is impugned by Becker, Thl. I. p. 526. 

6 Liv. I. 48. Fest. s.v. Orbius clivus, p. 182. 

6 Liv. l.C. 

7Fest. s.v., Septimontio, p. 348. Paul. Iliac, p. 221. Martial. VII. 73. 
s Yarro L.L. V, § 157. Liv. 1. 19. Virg. iEn. VIII. 345. Mart. I. 3. 117. IL 17. 

» Liv. XXVII. 27. XXXII. *26. XXXVIL 3. XXXIX. 44. 


4 


TOPOGRAPHY OF KOME. 


stiong bulwark, faced with hewn stone; this parapet and the cloaca being amon* 

P S 7 rti° at early period wllich stin remain entire - At the south-west 
Prnrl ^ Ve abrum ’ f ear the , °P enm g of the Yallis Murcia, was the Forum 
Boarium or cattle-market; under the Aventine was the Emporium ., or wharf, 

wheie merchant vessels loaded and discharged their cargoes, and the whole of 

Wlth the F ° rUm * tW ° ^ thG 

haVing mad ? ldmself master of the relative position of the different 
Imi P it" 6 TT ate /’ K* ° areful com P™ of the above remarks with 

ppp7 n 6 Z If T ? at - h . e commenceme nt of this chapter, we shall pro- 
ceecl to give a sketch of the original limits and gradual extension of Rome; but 

mon^nhr^lTVb 18 ’ 3art -° f ^ he Sllbj ' ect ’ we ma ^ bri efly advert to the cere¬ 
monies observed by the primitive inhabitants of central Italy in founding a new 

citj—ceremomes which, it is said, were chiefly of Etruscan origin. 

Founding Of a City—On a day when the omens were favourable, (die aus- 

{*?,) a h ? le was du »on the spot which was to be the central point, the 'EarU 

corn andM* alHh-’ ° ^ ^ 7 Int ° tMs h ° le WaS Cast a ® ma11 quantity of 

com and of all things necessary for supporting the life of man, each of the new 

citizens brought a handful of earth from the spot where he had previously dwelt 

levelwith die ^ the °i ther ° bjeCtS - The bole was then «P to a 

fl7offered^ 16 Th p fh 6 ^! Was erected onthe spot, and sacri- 

tice otieied. The founder of the new city, ( conditor ,) with his cloak arranged 

m the Ga nan fashion (cmctu Gabino ,) that is, with one end of the toga thrown 
rn ei his head, and the other bound tight round his waist, like a girdle traced 
out the circle of the walls with a plough, to which were yoked a & bull’ on the 
iig it hand and a cow on the left. The share was made of bronze, it was directed 
m such a manner that the furrow slice fell inwards, and it was carried over (sus¬ 
pender earatrum) those , spots where it was intended to place a gate The 
furrow thus formed (pnmigemm sulcus) represented the ditch, and the ridge the 

& piougtecs& ; h r hole circuit being considered ho1 ^ *»*"*»* 

The necessity for preserving a „ open area of this kind was evid n in a nrilha v 
pomt of view and m order to prevent it from being encroached 
consecrated. Althongh this was the original meaninf of the word Pomolrium 
the teim, in practice, was more frequently applied, in a restricted sense to the 
outer boundary of the pomoerium, that is, to a line drawn round the walls at some 
distance outside the city, the course of which was marked by stones sefun l 

felled th in ‘ erjeCti and ‘his hue 

welfare of the c tllm 7 f 6 re S ard t0 aU matters regarding the 

ciiaie ot the city itself (urbana auspicia ) might be taken. When the nonula 

tion of a city received a large increase, and suburbs were formed it would of 

course, become necessary to form a new circle, embracing a Sder spacl and to 

unconsecrate (exaugurare) a portion of the ground previously heldTacred th^ 

rh, ^_7 miCa • an g uage ’ Pro ferre s. augere s. ampliare et terminare pomoe- 
ii 2 pomoeno addere—propagare terminos urbis. According to the Roman 
constitution, no one was permitted to extend the pomoerium,°miless lie 

821. Plutarch. Rom S H. V ‘ a d K ir 2 ^'.^Dionys 5 I 88^ a Toann L 'L^’lV 43 ‘ 0vid ‘ Fast - Iv - 

pnmigenius, p. 236. Milller die Etrusk. II P m 45 . 88 ‘ Joann * IV. 50. Paul. Diac. s.v. 


TOPOGRAPHY OF ROME. 


5 


extended the dominions of the Roman people ; and although many generals under 
the republic might have claimed the privilege, no such extension took place from 
the reign of Servius Tullius to the dictatorship of Sulla, by whom, by Augustus, 
and by Claudius, (and perhaps by Julius Caesar also,) the pomoerium was suc¬ 
cessively enlarged. Stones have been found iu various places around Rome, 
which commemorate the extension of the pomoerium by Augustus and Claudius, 
and we give an inscription copied from one of these, which possesses peculiar 
interest, from exhibiting one of the new letters added to the Roman alphabet by the 
last named emperor—Ti. Clau dius. Dru si. F. Caesar. Aug. Germanicus. 
Pont. Max. Trib. Pot. VIIII. Imp. XVI. Cos. IIII. Censor. P. P. Auctis. 
Populi. Romani. Finibus. Pomerium. AmpliaIit. TerminaIitq . 1 

Ager effatus.— Altogether distinct from the Pomoerium was the ager effatus , 
the name given to a space contained between the outer limit of the pomoerium 
and a circle drawn round the city, embracing a wider circuit than the pomoerium. 
Those auspices which were in no way connected with the internal affairs of 
the city, or with matters transacted within the city itself, such as the auspices 
which referred to a foreign war, or to those assemblies of the people which could 
not be held within the pomoerium, were observed in the ager effatus , and could 
be taken nowhere else. Thus, we understand the necessity imposed upon gene¬ 
rals of returning to the city, even from a great distance, if circumstances occurred 
which rendered it imperative to renew the auspices ( auspicia repetere—auspicia 
renovare.) From what has been said, it will be perceived that the pomoerium 
was within the ager effatus , but did not form a part of it. 2 

Cities on the Seven Mills, more ancient than Koine. —The advantages 
presented by the site described above were so numerous and so obvious, that they 
could not fail to be observed and turned to account by some of the various tribes 
which, in remote ages, occupied, in succession, the lower valley of the Tiber. Ac¬ 
cordingly, we find traditions of an ancient town on the Capitoline named Saturnia , 
the hill itself having been designated Mons Saturnius. In like manner, a town 
yEnea, or Antipolis , is said to have once existed on the Janiculum, while the 
poem of Yirgil has made every one familiar with the colony planted by the 
Arcadian Evander on the Palatine—a legend which evidently points to a Pelasgian 
settlement. 3 

City of Romulus, ami its gradual extension mstal the reign of Servius 

Tullius. —All ancient writers agree that the original city of Romulus was built 
upon the Palatine. The name Roma Quadrata was evi¬ 

dently derived from its form, the outline of the Palatine being quadrangular. The 
number of gates was three or four, three being the smallest number allowed by 
the Etruscan discipline, (Serv. ad Yirg. fiBn. I. 422 .) and of these, the names of 
two have been preserved, the Porta Mugionis s. Mugonia , afterwards known as 
the Vet us Porta Palatii , and the Porta Romanula s. Romana. The former 
appears to have stood upon the north-east side of the hill, at the point where the 
Yelia branches off, the latter on the north-west side, above the Yelabrum. 
The wall would naturally run along the rocky scarp, while the pomoerium 
was traced round the base of the hill. The line of this pomoerium is minutely 


1 On the subject of the Pomoerium see especially Varro L.L. V. § 143. Liv. I. 44. Tacit. 

Ann. XII. 23, 24. Aul. Gell. XIII. 14. Dion Cass. XL1II. 50. XLIV. 49. Vopisc. Aurelian. 21. 
Oreli. Corp. Inscrip. Latt. n. 710. . 

2 Varro L.L. VI. § 53. Cic. de N.D. II. 4. de Div. I. 17. Epp. ad Q,. F. II. 2. Liv. VIII. 
30. X. 3. XXIII. 19. Serv. ad Virg. iEn. II. 178. VI. 197. 

3 Varro L.L. V. § 45. Plin. H.N. III. 5. Solin. I. 13. Dionys. I. 73. Festus, s.v. Saturnia, 
p. 322. Serv. Virg. JEn. VIIL 319. 





6 


TOPOGRAPHY OF ROME. 


described by Tacitus, (Ann. XII. 23 . 24 .) who evidently derived his information 
from some ancient and authentic record. 1 

With regard to the gradual extension of the city, the statements of different 
writers are somewhat at variance with each other; but the prevailing belief was 
that the Capitoline, the Forum, and perhaps a portion of the Quirinal, were 
added upon the union of the people of Romulus with the Sabines; that upon 
the destruction of Alba Longa and the removal of the inhabitants, the Mons 
Coelius was occupied ; that after the fresh conquests achieved by Ancus Martius, 
the Aventine was taken in; while the Yiminal, the Esquiline, and the Quirinal 
were annexed by Tarquinius Priscus, and Servius Tullius. To the latter espe¬ 
cially is ascribed the completion of the great work commenced by his predecessor, 
the construction, namely, of a wall which enclosed the whole of the seven hills, 
and perhaps a portion of the Janiculum beyond the Tiber. All admit that the 
circuit thus marked out remained unchanged for eight hundred years, that is, 
until the reign of the Emperor Aurelian, by whom a new and more extensive 
line of fortifications was constructed. 2 The limits of the city, as defined by Servius 
Tullius, demand particular attention. 

Course of the Servian Wall.— Even in the time of Dionysius, it had 
become a task of considerable difficulty to trace the exact line of the Servian wall, 
in consequence of the mass of building by which it was masked on both sides. 
But although doubts may have been entertained with regard to its position at 
some paiticular points, the character of the ground is such, that even in the pre¬ 
sent day we can, with confidence, determine its course within narrow limits. 
We are much assisted by the information contained in ancient writers regarding 
the gates, the. position of which can, in several instances, be identified with 
tolerable certainty. We have, moreover, every reason to believe that the 
engineers availed themselves at every point of the advantages presented by the 
natuial aspect of the ground, and that while few or no bulwarks would be 
regarded as necessary on the tops of the crags, so, on the other hand, the openino- s 
presented by the hollows and by the plain would be fortified with uncommon 
care. The side on which Rome was most accessible was on the north-west, for 
there, as previously remarked, the long ridge which comiects the projecting 
tongues of the Quirinal the V iminal and the Esquiline falls with a very gradual and 
gentle slope to the level of the table land of the Campagna. Accordingly, an 
immense rampart of earth, with a deep ditch in front, was formed on the crest of 
this.height, and remains of the Agger Servii Tullii , as it was called, can still be 
distinctly traced. It was about two-thirds of a mile in length, fifty feet broad, 
crowned by a wall and strengthened by towers, while the ditch in front was one 
hundred feet broad and thirty feet deep. The general course of the walls, as 
maiked out by the most judicious topographers, will be better understood by 
examining the .plan than by any verbal description. It will be seen that at one 
point only was the line interrupted, viz., between the Capitoline and the Aventine, 
and heie the river, the bank being faced with a stone parapet, was considered to 
aftoid sufficient protection. This, however, it ought to be remarked, is a disputed 
point; for Niebuhr and Bunsen both maintain that the wall actually ran across 
the V elabrum at some distance from the Tiber. The whole circuit of the Servian 


t Y' Y L $ 24, ap ’ Non ‘ XI1, s v - secundum, p. 363. ap. 

I 12. Ovid. Tnst. III. 1 . 31. Plin. H.N. Ill 5. Solin. I. 24. Dionys II. 
Quadrafa, p. 258. s.v. Romana porta, p. 268. Paul. Diac. s.v. Musionia, p 
2 On the gradual extension of the city, see Liv. I. 30. 33. 36. 41 III. 67 


Solin. I. 17. Liv. 
50. 65. Fest. s.v. 
144. 

Dionys II. 36. 37. 


TOPOGRAPHY OF ROME. 


7 


city,, thus defined, is about five miles, which agrees perfectly with the statement 
of Dionysius, that the portion of Rome within the walls corresponded very nearly 
in extent with Athens. (Dionys. IV. 13. Thucyd. II. 13.) 1 

Oates of the Servian City.—The number of the gates lias been variously 
estimated, according to the various interpretations assigned to different passages 
in the classical writers and the grammarians. By some it is carried up to 
twenty-six, by others it is placed much lower; but Pliny distinctly asserts that in 
the reign of Vespasian there were thirty-seven. Much confusion has undoubtedly 
arisen from the fact that, in the course of centuries, many gates would be built 
up, and new ones broken out; and thus, although we may be able to discover 
the names of more than twenty, it does not follow that the whole of these were 
in existence at the same time. We shall notice briefly the most important, that 
is,, those which are most frequently mentioned from being connected with the 
principal thoroughfares, and those which possess some special interest from his¬ 
torical associations. 

.1. Porta Collina , at the north-west extremity of the Agger, the most northern 
point of the fortifications. (Liv. II. 11.) 

2. Porta Esquilina , at the other extremity of the Agger. 

3. Porta Viminalis , about the centre of the Agger, between the Porta Col¬ 
lina and the Porta Esquilina. It is specially mentioned by Strabo (V. 3. § 7.) 

4. Porta Querquetulana , s. Qaerquetularia , probably in the hollow which 
divides the Esquiline from the Coelian. (Plin. H. N. XVI. 10. Fest. s.v. Quer- 
quetulanae , p. 261.) 

5. Porta Coelimontana , to the south of the Querquetulana, where the Coelian 
joins the table land by a gentle declivity. (Liv. XXXV. 9. Cic. in Pis. 23.) 

6 . Porta Capena , in the hollow between the Coelian and the Aventine, but 
almost touching the base of the former hill. This may be regarded as the most 
important of all the gates, since at this point the great Via Appia commenced. 

7. Porta Trigemina , at the north-west comer of the Aventine—the name 
was probably derived from its having three archways or Iani (perviae transi- 
tiones .) 

Between the Porta Capena and the Porta Trigemina were the Porta Raudus- 
culana , the Porta Naevia , and the Porta Lavernalis , which are of little note. 
The Porta Navalis , in all probability, opened upon the river under the Aventine. 

8 . Porta Flumentana , unquestionably close to the Tiber, and probably in the 
short line of wall running down from the south-west extremity of the Capitoline 
to the river. (Liv. XXXV. 9. 21. Paul. Diac. s.v. Flumentana , p. 89.) 

9. Porta Carmentalis , in the same portion of the wall with the preceding. 
It was named from an altar of Carmentis, whom the popular legend regarded as 
the prophetic mother of Evander, -was situated at the foot of the Capitoline, and 
opened out upon the Prata Flaminia. The gate had two. arched passages, (Iani) 
of which that on the right hand of those quitting the city was regarded as of 
evil omen, and named Porta Scelerata , because the Fabii were said to have 
passed through it when they marched forth on their ill-fated enterprise. (Liv. 
II. 49. XXIV. 47. Ovid, Fast. II. 201. Fest. s.v. Religioni , p. 285. Dionys. 
I. 32. Solin. I. 13. Serv. ad Virg. iEn. VIII. 387.) 

The Porta Ratumena (Fest. s.v. Ratumena , p. 274. Plin. H. N. VIII. 42. 
Plutarch. Popl. 13.) and the Porta Fontinalis (Liv. XXXV. 10) appears to 
have been situated in that part of the wall which ran along the Campus Martius, 

1 Dionys. IY. 13. IX. 6S. Cic. de Rep. II. G. By Plin. H.N. III. 5. it is called the Agger 
of Tarquinius Superbus. 


8 


TOPOGRAPHY OF ROME. 


connecting the Capitoline with the Quirinal; the Porta Sanqualis , named from 
tiie adjoining temple of Sancus or Dius Fidius, (Liv. VIII. 20. Paul. Diac. 
s.v. Sanqualis , p. 345.) and the Porta Salutaris , named from the adjoining 
temp e ot Salus, (Liv. IX. 43. X. 1. Plin. XXXV. 4. Paul. Diac. s.v. Salutaris 
1 orta , p. 327.) were both upon the heights of the Quirinal. 

One gate more deserves particular notice—the Porta Triumphalis , so called 
it would appear, because through it all the triumphal processions entered the 
city, its use being restricted to these or similar solemnities. It is not often men¬ 
tioned, and its position has given rise to much controversy among topographers, 
none ot whom have succeeded in demonstrating the truth of their theories The 
passages upon which the arguments employed must of necessitv rest are, Cic. in 
rison. 23. Tacit. Ann. I. 8. Sueton. Octav. 100. Joseph. B. J. VII. 5. 8 4. 
inon Cass. LvI. 42. Compare also Sueton. Ner. 25. Dion Cass. LXIII. 20. 

Kegi«„ S ofts,e^ervia S1 City.—Servius divided the whole space included 
y his walls, with the exception of the Aventme and the Capitoline, into four 
tribes^’ ^ liegwneS ^ wlnch corres Ponded with his distribution of the four city 

' f 0 S .f ura ™' comprising the Coelian, the valley between the Coelian 
and the Esquiline, ( Cerohensis ,) the Carinae and the Subura. 2. Reaio Es- 
quihna, comprising the remainder of the Esquiline and the valley between the 

QuS e ^th‘ h, Vi f al i 3- Colli 7’ r **** the “ S SS 

l!ni r + T n i va ky , beween them - 4 - Re 9™ Palatina, comprising the 
ole of the Palatine with the Velia, the valley between the Palatine and the 

46—53 ) and ’ probab tbe low ffronnds of the Velabrum. (Varro L.L. V. § 

Septimcatium. Connected with the early topography of the city, was the 
u ntl l im ! or . S eptimontiale Sacrum , a festival celebrated in the month of 
• ecsmbei by the inhabitants of seven elevated spots in Pome, which kept alive 
m later times the memory of a period when these districts were first united by a 
common bond; but these were quite distinct from the seven hills of the Servian 

thT- , F ® s . tlls names as . the Realities, in each of which sacrifice was offered by 
t le inhabitants on this holy day, the following: Palatium, Velia, Faontaf 
Subura, Cermalus, Oppius, Coelius Mons, Cispius Mons; the number being 8 here 
eight, one must have been interpolated, and some critics would reject the Subura 
w.;; le others exclude the Coelius. The position of all has been already indicated’ 
with the exception of the Fcigutal , which is usually placed near "the Porta 
Esquilina, or m the hollow between the Esquiline and the Coelian. In anv 
case, it will be perceived that the confederacy or league commemorated by the 
Septimontmm was confined to the inhabitants of the Palatine, the E aniline and 

£ Quirinal. f 4^2^ ^ ^ 

Plutarch. Q. R. 69. °Suetom Dom.'Z) * § S ' V * P * ^8. 

Connection of the .3a.iici.Ium wish the City.— Although the Janiculnm 

f ° rmin ff a P artof the cit 7i yet its commanding position must 
nutwn l gge t J ie e 5F edien cy, 1 and, indeed, the necessity, of establishing an 
outwork on it. Accordingly, both Livy* and Dionysius* a^ee in asserwK 

”’ Ij . a V he time of A dcus Martins, it was fortified with a walk and fhat a 

hereof>Pr Catl AT+r aS estabbshed b y means of the Pons Sublicius , of which more 
. At the same time, it seems unquestionable, that, for some time after 


1 Cic. de leg. agr. I. 5. IL 27. 


2 I. 33. 


3 III. 45. 


TOrOGRAFHY OF ROME. 


9 


the expulsion of the kings, Rome possessed nothing on the right hank of the 
Tiber; although, as it gradually recovered its power, the re-oecupation of the 
Jamculum would be one of the first objects of attention. As to the position of 
affairs towards the close of the republic, see Appian. B. C. I. 68. Cic. 1. c. 

T,! ,e , C . ity . in lhe age of Augustus —It is universally admitted that the 
fortified circuit marked out by Servius Tullius remained unchanged for eight 
hundred years, until the period when a new and more extensive line of 
walls was erected by Aurelian and his successor. But although the boundary of 
the Servian city remained unaltered, it must not be supposed that the city itself did 
not increase. There can be little doubt that a considerable portion of the ground 
enclosed by Servius was not built upon at all at that early epoch, but that large 
spaces remained open for the purpose of affording accommodation to the troops 
of countrymen, who, with their families and flocks and herds, sought refuge in 
the city when their lands and property were threatened by the inroads of a hostile 
tribe. VV hen, however, the fixed population began to increase with great rapidity, 
and when all danger of invasion had passed away with the discomfiture of Han¬ 
nibal, not only was the vacant ground gradually covered with dense masses of 
building, but the sacred character of the pomoerium itself was disregarded, and 
the walls became so choked up with houses that it was impossible, in some 
places, to follow their course. In addition to this, large suburbs sprung up out¬ 
side the walls, and even beyond the Tiber, and stretched in every direction, so 
that it was not easy to determine precisely the limits of the city, just as is the 
case with London at the present day. (See Dionys. II. 37. who speaks as an eye 
witness.) J 

Kcgions Of Augustus —Augustus, for the convenience of civil administra¬ 
tion, divided the whole of the city proper, together with the suburbs, into four¬ 
teen districts, or Regimes , named from the most remarkable object or locality 
in each:— J 

I. Porta Capena. II. Coelimontana. III. Isis et Serapis. IV. Templum 
Pads. V. Esquilina. VI. Alta Semita. VII. Via Lata. VIII. Forum 
Ilomanum. IX. Circus Flaminius. X. Palatium. XI. Circus Maximus. 
XII. Piscina Publica. XIII. Aventinus. XIV. Transtiberina. 

This arrangement does not demand any particular notice, for the division into 
regions being, in the great majority of cases, purely arbitrary, the boundaries of 
each cannot be ascertained with any degree of accuracy; and the two works, 
bearing the names of Victor and Sextus Rufus, which describe Rome according 
to these regions, and which, for a long period, formed the groundwork of all 
treatises on the topography of the ancient city, are now recognized as fabrications 
of a comparatively recent date. In what follows, therefore, we shall fill up the 
outline already traced, guided chiefly by the natural features of the ground. 

We shall first describe the Forum, the centre, the heart, as it were, of the city; 
we shall next mention the most remarkable objects on each of the seven hills, in 
succession, and in the valleys which separate these hills, and then discuss 
the low grounds which they overlook ; concluding with an enumeration of the 
bridges, of the aqueducts, and of the high roads which branched off in different 
directions. Before entering upon this part of our task, we may say a few words 
upon— 

The Walls of Aurelian. —All apprehensions of foreign invasion had ceased 
with the close of the second Punic war, and for many centuries the revival of such 
alarms seemed impossible. Hence, among the various extensive and costly works 
undertaken by the earlier emperors, for the comfort or embellishment of the city, 


Aedes Deum 
Penatium. 


Fornix Fabianus. 



Sacra Via. 


Area Vulcani. 
Senaculum. 
Postea 

Templum Faustina©. 


Curia Hostilia. 
Postea 

Templum Felicitatis. 


Basilica 

Porcia. 


a 

o 


Basilica 

Aemilia. 


Templum 

Jam. 


B 




p 

p 


Aedes Divi Julii. 

u—J 

Tribunal. 
Postea 
Kostra Julia. 


COMITIUM. 


Rostra. 


Regia. 


g 

o 

Cu 


O' 

o 

e 

Cf 

a 

a 

Uq 


O 

§ 

3 


o 

p 


LOWER. 


Lacus Curtius. 


□ 


c 

o 

P< 

o 

s 


3 

i 


2 


<D 

> 

c3 

P* 


FORUM. 


p 

P 


i f r i 

Arch of Severus. 


o 


Aedes 

Vestae. 


Atrium Vestae. 


Curia Julia. 
Postea 

Templum Minervse. 


Vicus Tuscus. 


Aedes 

Castoris. 


> 

O 

© 

cj 

| 

© 

■S 


Basilica 

Sempronia. 

Postea 

Basilica 

Julia. 


Vicus Jugarius. 


Graecostasis. 

Templum Divi 
Vespasiani. 


Tullianum. 



Nova Via 

















































































TOPOGRAPHY OF ROME. 


11 


no thought seems ever to have been bestowed upon fortifications. But when 
hordes of fierce barbarians, on the northern and north-eastern frontiers, began to 
threaten the soil of Italy itself, the necessity of affording protection to the metro¬ 
polis, which could not have offered even a show of resistance to an invader, 
became evident and urgent. Accordingly, the strong-minded and energetic 
Aurelian formed the design of encircling, with a great wall, the whole of the 
vast mass of building which had grown up beyond the ancient limits ; and the 
task which he commenced with vigour, but was prevented from finishing by 
death, was completed by his successor, Probus. Much discussion has arisen with 
regard to the actual extent of these walls in consequence of an expression in 
Yopiseus, (Yit. Aurel. 39.) which has been interpreted to signify that their cir¬ 
cumference was fifty miles, a statement, not only incredible in itself, but utterly 
at variance with all that has been brought to light by modem investigations. It 
is now generally admitted that the walls, as they exist at present, on the left 
bank of the river, are identical in their course with those of Aurelian, which were 
subsequently repaired and almost rebuilt by Honorius, and by Belisarius. The 
actual circuit on the left bank of the Tiber is about eleven Roman miles, 
which will not differ very widely from the representation of Yopiseus, if we un¬ 
derstand his “ quinquaginta prope millia ” to denote 50,000 feet, and not 50,000 
paces, although such a form of expression is unquestionably at variance with the 
ordinary usages of the language. The circumference of Rome in the time of 
Vespasian was, according to Pliny, (H. N. III. 5.) thirteen Roman miles; but 
this included the Transtiberina Regio. It does not fall within the limits of the 
present work to enter into any discussion with regard to the points embraced 
by the new walls; but their general course will be understood by referring to 
the plan on which they are laid down, as well as those of Servius. It will be 
seen that on the left bank they took in the whole of the Collis Hortuloram and 
of the Campus Martius, while on the right bank they included but a small por¬ 
tion of the Janiculum, the whole of which, as well as of the Vatican, is embraced 
by the modern wall. According to Procopius, there were fourteen gates 
besides wickets (wt/A Reg.) 

THE FORUM. 

All important towns in ancient Greece and Italy had an open area in some 
central situation, which served as a place of general resort for the citizens. In 
the immediate vicinity the courts of justice and the government offices were usually 
established ; here the principal merchants and bankers transacted their business, 
and here public meetings of every description were held—it was, as it were, the 
focus of commercial, legal, and political life. This space was termed by the 
Greeks dyogd, by the Italians Forum. In regard to Rome we generally speak 
of the Forum Romanum emphatically, in order to distinguish the Forum of the 
republic from numerous other fora, constructed, chiefly for legal purposes, by 
different emperors, and from the ordinary /ora, or bazaars, where goods of a 
particular description were retailed, such as the forum olitorium, or vegetable 
market, the forum piscatorium , or fish market, the forum loarium , or cattle 
market, and others. 

Forum Romannm.— This may be regarded as the most interesting locality 
in Rome, from both the number and the character of the historical events with 
which it is associated. For a long period much doubt existed as to its precise 
position and limits; but these have now been ascertained in the most satisfactory 
maimer by recent excavations. It stretched, as we have already indicated, from 


12 


TOPOGRAPHY OF ROME. 


the base of the Capitoline as far as the bottom of the slope of the Telia. In 
length it extended about 224 yards; its greatest breadth, at the base of the 
Capitolme, was about G 8 yards, and it gradually diminished in width as it 
leceded from the Capitoline, until, at the opposite extremity, it was reduced to 36 
yards. This space must appear extremely confined, when we take into account the 
immense population of Rome towards the close of the republic, and the vast 
amount of business transacted within its precincts 5 but it must be remembered, 
that when it was first formed the city was little more than a large village—that 
froni a very early period it was surrounded by shops and edifices of ? all des¬ 
criptions, the property of private individuals, and that consequently its extension 
became a matter of great difficulty, although means were eventually taken to 
mciease the amount of accommodation by the erection of porticoes and court¬ 
houses, opening off it. The annexed plan is intended to convey a general idea 
of the relative position of the different objects in and around the forum. The 
eye is supposed to be looking from the Mons Capitolinus towards the Telia. 

Ihe forum consisted essentially of two parts: 1 . The Comitium, and 2 . The 
r orum proper, or lower forum. These two terms are frequently employed as 
distinct from each other, and each must be examined separately . 1 


COMITIUM. 

This name .was given to that portion of the Forum which was most remote 
from the Capitoline, comprising, perhaps, one-fourth of the whole area. It was 
consecrated by the augurs, while the remainder of the Forum was not, and was 
set apart for particular purposes. 

. 14 ™ the regular place of meeting for the Comitia Curiata, or constitu¬ 
tional assemblies of the patricians, and hence, according to the most reasonable 
etymology, the name was derived— Comitium ah eo, quod coibaht eo Comitiis 
Cunatis et litium causa. 2 In the Comitium public meetings (condones) also 
of all classes were held; and when games were exhibited in the lower forum the 
Comitium was frequently covered over with an awning for the convenience of 
the senators and other dignified persons who stood there to witness the show . 3 

Tribunal. JPuteal. On the Comitium, at the extremity most remote 
Irom the Capitoline, was a raised platform, the original Tribunal , where the 
i raetor Urbanus sat to administer justice. It was used for this purpose down to 
le very close .of the republic, although, from the increase of legal business, both 
civil and criminal, numerous other tribunals were established elsewhere. Close 

.? 416 tllJUna , was an altar , iu tlie slia pe of a well-cover, ( puteal ,) under which 
the razor and whetstone of the augur Attus Navius were buried: this was the 
cdcbrated^PttfcaZ Libonis or Puteal Scribonianum , so named in consequence 

of having been restored and beautified 
by a certain Scribonius Libo, which be¬ 
came a noted rendezvous for men of 
business. A representation of this 
monument as it appears upon a denarius 
of the Gens Scribonia, is annexed . 4 



1 Cic. in Verr. I. 22. pro. Sest. 35. Liv. 

2 Varro L.L. V. § 155. 

3 Liv. XXVII. 36. 

4 Cic. de divin. 1.17. Hor. S. II. vi. 35 
upon these passages. Ovid. R.A. 561. 


V. 55. XXXIV. 45. JDionys. 1. 87. II. 29. III. 1. s. 
Epp. I. xix. 8. Pers. S. IV. 49. and the scholiasts 





TOPOGRAPHY OF ROME. 


13 


Rostra.— On the boundary line, between the Comitium and the lower 
forum, stood the elevated platform, (. subgestus ,) adorned with naval trophies 
won (T5.C. o38) from the Antiates, and hence called Rostra , from which the 
magistrates and other public speakers were wont to harangue the people The 
Rostra, from being consecrated, is frequently spoken of as a templum. 1 

towards the close of Julius Caesar’s career, or in the early part of the refon 
ot Augustus, the position of the Rostra was changed and transferred from the 
Comitium to the south side of the lower forum. 2 

Rostra Julia. Aedes divi J„iii._When the body of Julius Cmsar was in 
the act of being conveyed to the Campus Martins, the populace siezed the bier, and 
having raised a funeral pile, burned the corpse at the upper end of the Comitium 
An altar and a column were soon after erected on the spot, and eventually a temple, 
to the deified, dictator was raised on an elevated base immediately 

facing the capitol, the ancient Tribunal having, in all probability, been removed 
to make way for it. The front of this elevated base was decorated with the rostra 
of the ships captured at Actium, and from that time forward was named 
Rostra Julia , which we must carefully distinguish from the original Rostra. 3 

There is reason to believe that a third structure bearing the name Rostra was 
erected, during the empire, at the base of the Capitoline. 

Ficus Ruminalis, &c. 4 — On the Comitium were some of the most ancient 
memorials connected with the legendary history of the city. Here was to be 
seen, even in the reign of Nero, the Ficus Ruminalis , the sacred fig tree under 
which Romulus and Remus were suckled by the wolf. This orifonallv grew 
upon that part of the Palatine called Germains , (see above, p. 2 ;) but was 
transplanted miraculously to the Comitium, through the instrumentality of Attus 
Navius, whose statue stood hard by with veiled head (capita velato.) In the 
annexed cut will be seen the wolf, the twins, the fig tree, the woodpecker and 
the shepherd Faustulus, as rudely represented on a denarius of the Gens Pompeia. 

On the Comitium, near the 
Rostra, was a statue of the 
Satyr Marsyas, where the plea¬ 
ders were wont to congregate , 5 
and three very ancient statues 
of the Sibyls, described by Pliny. 

It must be observed, however, 
that some of our best modern 
authorities suppose that the 
Sibyls, as well as the Marsyas, 
were in the lower forum; the Rostra, in connection with which they are men¬ 
tioned, being, according to this view, the Rostra of the republic after it had been 
removed . 6 

We now proceed to notice the buildings which were ranged along the Comitium 
upon both sides. 



1 Liv. VIII. 14. Plin. XXXIV. 5. Ascon. ad Cic. pro. Mil. 5. 

2 Ascon. l.c. Suet. Octav. 100. Dion Cass. XLIII. 49. LVI. 34. 

3 Cic. ad Att. XIV. 15. ad Fam. XI. 2. Philipp. I. 2. Liv. Epit. CXVI. Ov. Met. XV. 841. 
Epp. ex P. II. ii. 85. Appian. B.C. II. 148. III. 2. Dion Cass. XLIV. 51. XLVII. 18. LI. 
19. LVI. 34. 

4 Paul. Diac. s.v. Ruminalis , p. 271. Fest. s.v. Navia, p. 169. Liv. I. 36. Plin. H.N. XV. 
18. Tacit. Ann. XIII. 58. Dionys. III. 71. 

5 Hor. S. I. vi. 120, and Schol. Cruq. Martial. II. 64. Senec. de benef. VI. 32. Plin. H.N. 
XXI. 3. 

6 Becker, Handbuch, I. Thl., p. 321. 301. 





14 


TOPOGRAPHY OF ROME. 


Curia Mosfiiia— Facing the Comitium, on the north side, and immediately 
opposite to the Rostra, stood the Curia Hostilia. It was built originally, we are 
told, by Tullius Hostilius, after the destruction of Alba Longa, and from that 
time foiwaid, until the downfal of the republic, 1 was the ordinary place of meet¬ 
ing tor the Senate. It was either rebuilt or extensively repaired by Sulla—it 
was consumed by tire in the tumults which followed the death of Clodius—it was 
rebuilt by laustus, the son of Sulla, and soon after demolished by Julius Caesar, 
m 01 dei to make room for a temple ot Felicitas. In consequence of the prodi¬ 
gies. u hich followed the death of Caisar, the Senate passed a vote to restore the 
Cuna ; but this resolution does not appear to have been carried into effect. 2 
• Va ® caaa ^ ®*' accos,asis * Senacuium.— The remaining space on the north 
side of the Comitium, seems to have been divided into three compartments ; but 
how these were arranged witli regard to each other, it is impossible now to deter- 
“} ae - lhe * ulcanal or Area Vulcani was an elevated spot where, as tradition 
told, latius and Romulus were wont to meet in conference. By the latter it 
was dedicated to Vuleanus, and here he placed the brazen chariot brought from 
Camena, and planted a lotus tree, the same which Pliny believed to exist when 
le wrote.. To this place also was removed the famous statue of Horatius Codes, 
which originally stood on. the Comitium ; and here a chapel was erected to Con- 
coid (Abdicula Concordiae ) by Cn. Flavius. 2 

The Gr aecostasis was a raised platform on which foreign ambassadors stood 
when about to be admitted to an audience of the Senate. 4 

The Senaculum appears to have been an open vestibule or promenade attached 
to the senate-house, where the members were wont to meet and converse before 
piocee mg to ormal business. 5 Under the empire there seems to have been 
another Graecostasis bordering on the lower forum, and we read of several sena- 


'£cmpi H m©iraeFau S ii. S ac._The space covered, under the republic, by 
the V ulcanal, Graecostasis, and Senaculum, was, at a subsequent period, occupied 
by the temple dedicated by Antoninus Pius to the memory of his wife Faustina. 
I his, having been destroyed, by fire, was restored by the senate, and dedicated to 
ntonmus and Faustina jointly. Of the second edifice ten columns still exist, 
as represented on the next page, supporting a frieze, with the inscription Divo. 
Antorino. Et. Diva:. Faustina. Ex. S. C., the whole forming part of the 
modem church, of S. Lorenzo in Miranda. 

Com;;Sa enlaiM m:l " y be as marking the north-east angle of the ancient 

Acic, Deum Pcna.inm -At a very short distance from.this point, hut not 
included within.the limits of the forum, stood the temple of the Public Penates 

Penatium) a portion of which is included in the modern church 
ot fcb. Gosma et Damiano. 

Ve * ta f* K «g ia —Passing to the south side of the Comitium, oppo- 

1 i f Cl ^ a 1 and i V . ulcana1 ’ stood the temple of Vesta (. Aedes Vestae ) the 
most holy of all the shrines of Rome, in whose penetralia the Palladium was 


l Liv. I. 30 XXII. 7. 60. Cie. de rep. II. 17. Varro LL. V % ]55 

XLlV A 5 8 Ti.V d ,7 OC - Pli °' H N - XXX1V - 6 - B C - n - n. Eiou 

Gell D iv ny 5 S ' 11 5 °' 54 ‘ V< 25, Plut 24 ’ Liv * 11 10 - IX. 46. Plin. H.N. XVI. 44. Aul. 
4 Varro L.L. V. § 155. 

another word for aV!ma or senate^iioiise.' & According to Fcstus * P- 34 b Senaculum was 


TOPOGRAPHY OF ROME. 


15 



preserved; and connected with it was a considerable pile of building affording 
accommodation to the Vestal Virgins, who all lived within the hallowed precincts! 
1 lie shrine itself was immediately under the Palatine, the site being now occupied 
by the modern church of S. Maria Liberatrice; but it was connected with the 
Corn it uim by the building called the Atrium Vestae, or frequently Atrium 
Kegium, or simply Regia , from having been the dwelling of Numa. Under the re¬ 
public the Regia was the official resi¬ 
dence of the Pontifex Maximus. 1 An¬ 
nexed is a representation of the sanctuary 
as it appears upon a denarius of the Gens 
Cassia, exhibiting the round form com¬ 
mon to all the temples of this goddess: 
the other symbols on this interesting 
coin will be explained hereafter. 



it — Wben the . ( f ria H ? stilia was Anally removed by Julius Csesar, 

became necessary to provide a substitute, and accordingly a new hall, the 

Anuust^ Tr 18 COm . menced . and fin t ished h Y the dictator, but consecrated by 

bv Plinv"’ SP °3 fc !i n ° where fP ecified ; but we are ^pressly told 

by Pliny and Dion Cassius' that it was close to the Comitium, (in comitio — 


VL P 263* T U r^. ]4 TTT A re n - n- C ‘ £ 14 & Hor ' C ‘ I «■ 15. and Schol. Cruq Ovid Fast 
i S nor at , AM 

2 H.N. XXXV. 4. 

3 XLIV. 5. XLVII. 19. LI. 22. 






























16 


TOPOGRAPHY OF ROME. 


™' xopirtu,) and it is equally certain that it did not occupy the site of 
the Curia Hostilia. Hence, it will be difficult to find a space where it could have 
been placed, except immediately adjoining to the Atrium Testae. 1 The Curia 
Julia was, in all probability, destroyed in the great fire during the reign of Nero; 
and we have reason to believe that the area was filled by a temple of Minerva, 
one of the numerous shrines raised in honour of that Goddess by the Emperor 
Domitian. By him, also, or by one of his successors, a new senate-house, a 
Senatus , as it was termed in the decline of Latinity, was built, not beside the 
Comitium, but at the foot of the Capitoline. 

Fornix Fabiamis —Lastly, at the extremity of the Comitium, probably at the 
north-east angle, stood the Fornix Fabianus , an arch erected by Q. Eabius 
Maximus, (consul B.C. 121) when censor, as a memorial, it is supposed, of his 
victory over the Allobroges. 2 

LOWER FORUM. 

Me now proceed to consider the lower Forum, as distinct from the Comitium. 
In this open space all ordinary business was transacted ; it was the regular place 
of meeting for the Comitia Tributa, and during the greater portion of the republic 
gladiatorial shows were exhibited here, and public banquets laid out. 3 We shall 
notice the most remarkable objects. 

. CJiurtiias. An altar, in the very centre of the Forum, marked the posi¬ 

tion of the Lacus Curtius, concerning which there were three distinct legends : 
1. That it was a memorial of the great battle between the Romans and 
feabmes which followed the seizure of the Sabine maidens, this being the spot 
where the horse of Curtius, the Roman champion, succeeded in struggling out of 
the swamp m which it had become entangled. 4 2. That this was the place 
where, m the fourth century of the city, a yawning gulf suddenly opened, into 
which plunged the youthful warrior, M. Curtius, generously devoting himself to 
destruction in order to secure the welfare of his country. 5 3. That it was a 

spot which had been struck by lightning, ( fulguritum ) and, as usual under 
such circumstances, surrounded by an enclosure and regarded as sacred 
ceremonies having been performed by C. Curtius, who was consul B.C. 

Close to the Lacus Curtius grew a fig-tree, an olive, and a vine, which seem 
to have been regarded with the same reverence by the plebeians of the olden 
time, as the fig-tree on the Comitium was by the patricians. 7 Close to the 
acus Curtius, Galba sunk under the blows of his murderers, and here a statue 
was afterwards erected to his memory by the Senate. 8 Finally, beside the Lacus 
Curtius was erected the equestrian statue of Domitian, so minutely described by 
Statius, in a passage which ought to prove a valuable guide in determinino- the 
position of several of the most remarkable objects in and around the forum/ 3 


1 See Varro ap. Aul. Gell. XIV. 7. Propert. IV. iv. 13. 

1.' SebiirPolri/ita \ m - Act ’■ 7 - and Soho1 ' De 0rat - 11 66 - d « °onst. sa R 

™ - zweza x c /,r a 

t Uv. vil 3 '6. D &B I N 4 ‘t.c P1 VaXjJV. F “ St ' VL ^ S ‘ at Silv - 1 <• <*• »• 

6 ^ arro L.L. V. § 148—150, gives all the accounts. 

7 Plin. H.N. XV. 18. 

8 Tacit. Hist. II. 55. Suet. Galb. 23. 

8 Stat. Silv. I. i. 


TOPOGRAPHY OF ROME. 


17 


(olnmna Rostrata.—In the forum was the celebrated pillar adorned with the 
Rostra of war-galleys, erected to commemorate the great naval victory gained 
by Duillius, in the first Punic war, (B.C. 260.) 1 A fragment of the original 
inscription engraved upon the base of the column, or, rather, of a copy of it 
made at a later epoch, still exists, and is a most valuable monument for illustrat¬ 
ing the history of the Latin language. 

Columna Maenia. —This pillar was erected, according to the statement of 
Pliny, in honour of C. Maenius, who, in B.C. 338, triumphed over the Antiates, 
while the Scholiast on Cicero asserts that it was named from a certain Mosnius, 
who, having sold the whole of his property to form a part of the site for the 
Porcian Basilica, (see below,) reserved one column, from which he and his 
descendants might view the gladiatorial shows, a circumstance which could have 
no connection with a pillar in the forum, although it may serve to explain the 
term Maeniana , which originally denoted scaffoldings or balconies from which 
spectators viewed the games. We find that the Columna Maenia was the place 
where the Triumviri Capitales were wont to hold then’ courts for the trial of 
slaves and malefactors of the lowest class. 2 

.7am. —There were three archways or Jani in the forum, one at each ex¬ 
tremity and one in the middle, severally distinguished as Janus Summus — 
Janus Medius—Janus Imus , of which the Janus Medius was one of the chief 
resorts of monied men and usurers. 3 

Tribunal Aurelium.— The tribunal of the Praetor Urbanus was, as we have 
seen, in the Comitium; but as legal business rapidly increased, it was found 
necessary to multiply the courts; and, in all probability, when criminal trials 
became frequent, each of the judges had a separate court in some of the Basilicae, 
which we shall describe below. In Cicero we hear several times of the Tribunal 
Aurelium (also of the Gradus Aurelii ,) and it is conjectured that it was the 
same with that which he elsewhere notices as having been in medio foro. 4 

Cloacinae Sacrum.— On the north side of the forum w r as an altar of Venus 
Cloacina (cluere antiqui pukgare dicebant ,) where the Romans and Sabines 
were said to have purified themselves after they had been persuaded to lay down 
their arms by the entreaties of the women. On a denarius of the Gens Mussidia, 
of which a cut is subjoined, we find a 
structure represented with the word cloa- 
cin. below, which we can scarcely doubt 
was attached to the altar in question. It 
is supposed to have been employed for 
some purpose connected with the voting 
at the Comitia, and hence it is imagined 
that, of the two figures delineated, one is 
giving and the other receiving a balloting ticket, 5 but this seems very doubtful. 

Statuae.—There were several statues in the forum, among which -we find 
specially noticed that of Maenius, that of L. Camillus, and that of Q. Marcius 
Tremulus, who triumphed over the Hemici. Close to the latter, in later times, 
was placed the effigy of L. Antonius, brother of the triumvir. 6 



1 Quintil. I.O. I. 7. Silius YI. 663. 

2 Plin. H.N. XXXIY. 5. VII. 60. Cic. divin. in Q,. Csecil. 16. and Schol. pro Sest. 58. 


Fest. 


s.v. Maeniana , p. 134. „ 

3 Liv. XLI. 27. Hor. S. II. iii. 18. Epp. I. i. 54. Cic. Phil. VI. 5. VII. 6. Ovid. R. A. 561. 

4 Cic. pro Sest. 15. in Pison. 5. pro Cluent. 34. Epp. ad Q. F. II. 3. 

5 Liv. III. 48. Plin. H.N. XV. 29. Plaut. Cure. IV. i. 9. Eckhel, Doctrin. num. vet Tom. 


V p 258 

6 Liv. VIII. 13. IX. 43. Cic. Philipp. VI. 5. 


0 






18 


TOPOGRAPHY OF ROME. 


shape to an ordmary mile-stone. This MiUiarSm AuZm ^VZdei a^ 

Wghw^t^Sf'f d° f WWe «“>“ -pWwWi 

t A ^ radiated m different directions, and on it were inscribed the distant 

roadUmerged froTtl^ty?’- "***** fr °“ the S ates at whlch the ™Pe*ive 

part of “!e"fmum'by'the w b o“d“ TMa VMaJ' ’SSoh^Sfl^ expSedly 
aZ’cZh ton m that M - Vale ™ 8 Maximns Messalapla ed „pofr e Side 

» ilh hy - hL “ ^ 

the sneecli Pm ^ Zbo ’ lhe 1 abula Sest ™ spoken of in 

r=: ^-r- 4 «S=; as 

upon the south -The row 

those on the north side of Novae Tnhvmn ’ /! ° nam . e ot Veteres Tabernae, 

known as the Septem Tabernae and at a later nov *n c ? m P arf ment was 

These localities were so continually in tho ,! , T' aS t lC ^ innr l ue Tabernae. 

generally spoken tbatwe find thera 

Tabernae being dropped for brevity. ' ^ 7 9 entar iae, the substantive 

br^vLt^and'thTcSria f °T’ SCparated from the Delu- 
temple of the Z> ioscuri^ the celebrated 

upon a spot where rose a spring called the )'nru^l t Castons - Jt was built 
brethren watered their steeds after the battle of the wEb^T' t was^e” 

dicated B.C. 484, on the Ides of 
Muinctilis, the anniversary of the 
battle—was repaired by L. Metellus 
(consul B.C. 119)—was rebuilt by 
-Tiberius m the lifetime of Augustus, 
and dedicated A.D. 6, and was 
connected with the palace by Cali- 
gula, who placed his own effigy 
between those of the twin gods. 6 
In the cut annexed, taken from a 
denarius of the Gens Postumia, the 
Bioscun are seen watering their 



steeds at the Lacus Juturna, on the evening o/thetatle! 

2 c“'ir, n vf, t Fam'xtv i Plin U N III. 5. Hut. Calb. 24. 

3 Plin. H N. XXXV. 4 ' ' 

4 Cic pro Quinct. 6. 

Non. s.v. Tube r i/rr 3G4.^° C\c^ X cat/ * VL &2 ,K Varro - b.L. VI § 59 91 

6 Dionys VI. 13. P Plut. Coriot 3 v*? Yr D ' 0n - ys ' . Xr 23 - 

Scaur. 46 in Verr. I. 4*) 50 v 7-> ari j . ’ ^/ ax 1 vin. I. Ovid. Fast T 707 r> - 

Cal. 22. Monum. Ancyran.' “ d n ° teS of Ascon - ^ion Cass. LV 8 LIX 28. Sueton! 


Pion Cass. LIV. 8. 


Varro ap. 







TOPOGRAPHY OF ROME. 19 

the B second C1& ° rapid1 ^ after the close of 

extent of the forum. ’ In order to procureTddr ** e 1 xpenenced from the limited 
perty of private individual 10nal accom modation, the pro- 

was bought up from time ’to time * and c™? 6 Stl ? S , l ! 0imdin ? the open area, 
mimicating with the forum These struct P US Basillcae were erected corn- 
persons assembled for tTe^ansIc !? wWoh 

of he proceedings of the law courts were conducted Th P „ ’ GVe f U ^ T st 
aula) is generally derived from the » a , cted * iJie n<lm e Basilica (sc. 
archon (!,**„ ES XintZ?“ 7°*™! 7 Athens, where the king 
chronological order, were- ^ Ju ‘ itIce - The <« basilicae taken in 

privatfhouses to°tte Lautumhfe tm/fom d Cat °’, Wl “ Ie “ nsor ’ B : c - 184 - Two 
tain the site which was immediately r • “P 8 were purchased, in order to ob- 
which it was damaged ^ C f a Hostilia - al «"g with 

death of Clodius, B C 62 Z ZZSZ ^ by &K ' “ the ™‘ the 
hind, or on one id , was a fish Zket f Z WC ^ “ thin S »f it. Bc- 

2 . Basiuca ^ZetZ"^{rr c p iTrii ™ n '“ w ->' 

who was censor in that year a oZ with M V b T M ' Fulvlus Nobilior, 

to the middle of the“rumZZSZrE f& was opposite 
argeutariae novae, aJthiiTt^n * 5* 

<£M ZoTa^E^Z'S „ in E - c - ^ 

magnificent, and that this latter is the true far more 

Basilica Paulli. 2 On a denarius of the 
Gens Aemilia, of which a cut is annexed, 
we see a building of two stories, supported 
by pillars, with the legend Aimilia. M. 

Lepidus. II ef. s.c. We can scarcely 

doubt tlnit this refers to the Basilica -— jn 

and to its restoration by a member of the same gens 

who wt cenTortThTZZrEvZZ T’ bj ™ 8 ™ 8 Wonius Gracchus, 
two already named being" pZeTetere “f 1 fT” E th ° 
Tnscns with the forum, where stood a statue of Zrttnnnus™ TheZ 7'v 
Afncanus together with some shops and butchers’ stalls ft V ° !° 7 USe . 0 P ; 

nZ;zztr d Eted E r 1Ve sd tz "7 ° {= * 

y- 1 l»i~, have o','™,S'” 



1 Ljv. XXVI. 27, XXXIX. 44. 

Div.mQ Caecil. 16. Plut. Cat. Mai. 

o , . st - sv< l* men tori)’ ludi, p 238 

2 Liv. XL 51. Varro L.L VI 
autViritics under Baalim Julia. 

Liv. XLIV. 16. Pseud. Ascon. in Cic. Verr. I. 59 . 


“-'°I 0 r.f M Pr 0 - Mi t,Ar* nm - Psmd. A, 00 U. i„ Cie 
ty. Cat. Min. 5. Plant. Cure. IV. i. 9. Capt. IV iil 


§ 4- Cic. ad Att IV. 16. 


Stat. Silv. I. L 29. See also 











20 


TOPOGRAPHY OF ROME. 


that L. Opimius, consul B.C. 121, after the death of C. Gracchus, erected in the 
forum, by order of the Senate, a temple of Concord ; but nothing i s said of a 
basilica. Hence many scholars believe that the text of Yarro is corrupt in this 
place, and the MSS., undoubtedly, vary materially. 1 

5. Basilica Julia , erected with funds supplied by Julius Csesar and dedi¬ 
cated B.C. 46, although Augustus claimed the merit of having completed it. 
Twenty years afterwards it was destroyed by fire and rebuilt by Augustus, who 
dedicated it under the names of his grandsons Caius and Lucius; but it appears 
to have been still usually distinguished by its original designation. It was again 
destroyed by fire in A.D. 282, and was restored by Diocletian. Its position is well 
ascertained by comparing the statements of the Monumentum Ancyranum with 
t le voids ot Festus and of the Notitia, from which it is clear that it must have 
stooc between the -ZEdes Cast oris and the point where the Vicus Jugarius entered 
t ie forum; and at this angle there was, at one period, an artificial basin or tank, 
called the Lacus Servilius. 2 


Oraecostasis Imperii. Templum ©ivi Vespasian!_Nearer the Capi- 

tohne than the Basilica Julia, on the same side of the forum, was the Graecos- 
tasis s. Graecostadium of the empire, and between the Graecostadium and the 
Capitohne was the Temple of Yespasian, of which, as restored at a late period, 
eight columns still remain. 

TcrnpBe of Janus.—Not actually in the forum, but in the immediate vicinity, 
was the celebrated temple of Janus, built by Numa, which was always closed m 
time of peace and open during war only, (hence called indicem pads lellique 3 and 
its gates gemmae belli portae.y The edifice, as well as the deity, was designated 
Jauus Bifrons —Janus Quirinus Janus Geminus ; 7 and, in all probability, 
served originally as a gate to the citadel, and may be identical with the Porta 
Januahs named by Yarro. 8 We are told by Livy 9 that it stood at the lower 

extremity of the Argiletum (ad infimum Argi- 
letum) that is, near the north-east angle of the 
forum; and it is evident from the words of Ovid, 10 
that it was close to the bottom of the Capitoline. 
But since it was not the only shrine in Borne 
dedicated to this god, and since all open archways 
(pei viae transitiones ) were called Jani , we must 
carefully avoid confounding 11 the peace and war 
temple with that temple of Janus built by Duillius 
in the Forum Olitorium near the spot where the 
theatre of Marcellus was afterwards erected 12 
with the three arches or Jani in the Forum 
Komanum mentioned above, and with the Janus 

25 1 A cTc r0 pro L Se7t'.67 56, C ° mP ' Appian> B C ' L 26 ’ PIut * C ’ Gracch ‘ 17 ■ Augustin. C.D. III. 

hVvxyvt i?' G £ lb ’-. 26 ; Appian. B.C. II. 26. Dion Cass. XLIX. 42. LIV. 24. Plin 
riHyun «' Tadt. Ann. III. 72. Monum. Ancyran. Hieron. Chron Euseb Olvmn' 

* K. 119. tav - 29 - Calig 37 - Plin - Ep p- IL is - Festus p y S5: 

4 Virg. j£n. VII. 607. Pint. Num. 20. 

6 Virg. iEn. VII. 180. XII. 198. 

6 Hor. C. IV. xv. 8. 

7 Varro, L.L. V. § 156. Plin. H.N. XXXIV 7 

8 Varro, L L. V. § 165. 

9 Liv. I. 19. 

10 Fast. I. 295. seqq. 

11 As Servius has done ad Virg. iEn VII 607 

12 Tacit. Ann. II. 49. " 















TOPOGRAPHY OF ROME. 


21 


Quadrifrons in tlie Forum Boarium, to be noticed hereafter. Additional 
embarrassment, with regard to the temple built by Numa, has arisen from 
a remark by Yarro, 1 that the place where it stood was called Lautolae , from 
some hot springs which once existed there, and these hot springs play a con¬ 
spicuous part in the tale narrated by Ovid. 2 On the other hand, there were 
certainly, at one period, hot springs called Lautolae under the Carinae, and 
hence some grammarians have transported the temple, with all its legends, to 
that quarter of the city. 3 We have little or no information in regard to the 
changes, it any, which the original temple of Numa underwent during successive 
ages; but we can form some idea of the general appearance of the structure as it 
existed under Nero from the representations which are found upon numerous coins 
of that emperor. That which is annexed is from a large brass. 

SACRA VIA. 

Closely connected with the forum, and associated in the Roman mind with the 
proudest recollections, was the Sacra Via , so called, it would seem, because it 
was the route followed by triumphal processions and religious pageants, as they 
defiled through the forum before ascending the Capitoline, although the anti¬ 
quarians of the Augustan age believed that it received its name from the meeting 
of Romulus and Tatius when they solemnly pledged their faith to each other. 4 
The course of the Sacred Way has given rise to at least as much controversy as 
any portion of Roman topography; but although all the questions connected 
with the subject cannot be answered in a satisfactory manner, the recent investi¬ 
gations concerning the forum have cleared away many difficulties. Yarro 5 states 
expressly that the commencement of the Sacred Way ( Caput Sacrae Viae) was 
at the chapel of the goddess Strenia , and that it extended to the Arx. We, 
moreover, infer from his words, that the said chapel was in or near the Cero- 
liensis, which is generally believed to be the hollow between the Coelian and the 
Esquiline, in which the Coliseum stands, (see above p. 3.) He adds that although 
this was the real extent of the Sacred Way, the term, in its ordinary acceptation, 
was limited to that portion which terminated at the first ascent on leaving the 
forum. The ascent here indicated must be what Horace calls the Sacer Clivus , 6 
the slope, namely, of the Yelia, on the top of which the arch of Titus was built, 
and this was the highest point (summa sacra via .) Festus 7 confirms this 
account, and fixes two other points, the Regia , which agrees with Horace, 8 
(ventum erat ad Vestae ,) and the Domus Regis Sacrificuli ; but the position of 
the latter is, unfortunately, quite unknown. We are hence induced to lay down 
the course of the Sacred Way as follows : Beginning where the arch of Constan¬ 
tine now stands, it passed through the valley of the Coliseum—ascended the 
Yelia—passed under the arch of Titus—descended the Sacer Clivus—skirted the 
buildings attached to the temple of Yesta—passed over to the opposite side of the 
forum—under the Fornix Fabianus—in front of the Curia Hostilia—the Basilica 
Porcia—the Basilica iEmilia, and, finally, under the arch of Severus—up the 
Clivus Capitolinus. 

1 Varro, L.L. V. § 156. 

2 Ovid. Fast. I. 259. seqq. 

3 e.g. Macrob. S. I 9. 

4 Dionys. IL 46. Appian. fragm. I. 6. Fest. s.v. Sacram viam, p. 290. Scrv. ad Virg. jEn. 
VIII. 641. comp. Plut, Rom. 19. 

5 Varro L.L. V. § 47. 

6 Hor. C. IV. ii. 33. Epod. VII. 7. comp. Mart. I. 70. 

7 Fest. s.v. Sacram viam p. 290. 

8 Hor. S. L ix. 35. 


22 


TOPOGRAPHY OF ROME. 


On the Summa Sacra Via was a fruit market and shops for fancy wares. Here 
also was the Sacellam Larum , l and an equestrian statue of the heroic Cloelia. * 
Nova Via.— A street frequently mentioned in the classics by the name of the 
■p m at a ^ rancPeq fr° m the Via Sacra, on the summit of the Yelia, close to the 

i"orta Mugonia. Descending the slope, it ran behind the shrine of Vesta, skirted 
le base of the Palatine, and entered the Velabrum, passing under the Porta 
-ttomanula, With which it communicated by steps. The windows of the house 
ot larquimus Pnscus, which stood beside the temple of Jupiter Stator, looked 
out upon the highest part of the Nova Via, (summa Nova Via ,) and near the point 
where it reached the low level of the Forum, (infima Nova Via,) an altar was 
erected to AiusLocutius, (or Aius Loquens,) the god whose mysterious voice 
gave warning of the approach of the Gauls. 3 

FORA OF THE EMPIRE. 

The Fora of the empire were as much superior in magnificence to the Forum 
Romanum as they were inferior in historical interest and association. Indeed 
the allusions to them in classical writers are, comparatively speaking, so scanty 
and unimportant that we might almost be content to pass them over, and leave 
their sites and the arrangement of their constituent parts to local topographers 

and di r ,m!lp CtUantiqua !' ian . 3 ’ who . have here found ample room for speculation 
i o d u P te : T , ieir P 081 * 1011 . m relation to each other, and to the forum Romanum 
i s been minutely examined and described in the works of Bunsen and Becker 
whose views on this subject approach, in all probability, as nearly to the truth as 
th present state of our knowledge will permit. Nor can we hope speedily to 
obtain much new information; for little can be effected by means of excavation 

° f m ° dem GdifiCeS Which the ^ is, in a 

<1 e™edp^ 

mercantile business being transacted within their precincts 

I Forum Julium —Commenced by Julius Caesar before the outbreak of the 

finishirunt^aft^his 01 dfath ^ ^ quadruple trium P h ? h «t not completely 

Romanum, which was therefore tv]^ the 

which formed the area, cost one hundred maffiSSS It chiZ 
was a temple of Venus Genetrix, the great 

a^mblld^ bGf0re thG baUlC ° f “• the Si oc^nahy 

SSSSSipS 

11. Ovid. Amorr. I. viii' 99.^as/ V I 6 7 * 3 ^ ** th ° ! ' Lat ' 1036 ed ‘ Meyer. Propert. II. X xiv. 
t IL t 13 - DIoiiys. V. 3>. comp. Plut. Pool. 19 

de div ar i r °45. II. 32 * Soiln L | 24. * ofl* Fast °Vl' V| 7 ' C * L 4 '' V ‘ 32 50 52 - Cic. 

C I)fonf Cass! XLHL* 22^ X Rlonum. “g** 


TOPOGRAPHY OF ROME. 


23 


Pcintini, formed a part of the portico of the temple of Mars Ultor, and hence one 
fixed point at least is obtained for determining the relative position of the imperial 
fora. This temple of Mars Ultor must be distinguished from the small shrine on 
the Capitoline erected by Augustus to the god under the same title. Of this we 
shall speak in the proper place. 1 

When Ovid refers to tria fora , 2 he includes the Forum Romanum , the Forum 
Julium , and the Forum Augustum. 

3. Forum Transitoriuni, s. Pcrrium, s. Palladium, s. IVervae. —Ves¬ 
pasian having erected a magnificent temple of peace behind the Aedes Deum 
Penatium (see above, p. 14,) to the north-east of the Comitium, his son Domitian 
determined to remove the private buildings from the space between this temple 
and the two last named fora, and to convert the area thus obtained into a new 
forum. He did not, however, live to witness the completion of this scheme, 
which was carried out by Nerva. The forum thus formed was called Forum 
Nervae , from the emperor by whom it was dedicated— Transitorium or Pervium, 
in consequence, it would seem, of having been traversed by some important 
thoroughfare— Palladium , from a temple of Minerva, which, together with a 
shrine of Janus Quadrifrons, formed its chief ornament. 3 

4. Forum Traiani. —The forum of Trajan, built according to the plan of 
Apollodorus of Damascus, must be regarded, whether we consider the extent of 
the area which it embraced, the gigantic operations performed in cutting away the 
Quirinal to extend this area, or the number and the magnificence of the structures 
comprehended within its limits, as the most vast and most splendid work of the 
imperial times. 

It consisted of six parts— 

(1.) The Forum proper, divided into the Atrium Fori and the Area Fori. 
In the centre of the former was an equestrian statue of Trajan. 

(2.) Basilica Ulpia , called by Lampridius Basilica Traiani. 

(3.) Columna Traiani. This celebrated column is still entire. The shaft is 
covered with a series of most interesting bas reliefs, commemorating the achieve¬ 
ments of the emperor, who was interred at its base. It stood in the centre of 
a small square, surrounded by porticoes. 

(4.) Bibliotheca Ulpia. 

(5.) Templum Divi Traiani , dedicated by Hadrian. 

(6.) Arcus Triumphalis. 

Very considerable remains of this gorgeous undertaking can still be traced, 
and will be found fully described in all the more important works on modern 
Home. 4 In the cuts on the following page will be seen the column with the 
remains of the portico as it exists in the present day—the Basilica Ulpia, the 
Triumphal Arch, and two temples, or two different views of the same temple, all 
as represented on large brass coins of Trajan. 

1 Suet. Oetav. ‘29. 31 56. Velleius II. 39. 100. Martial. VII. 51. Macrob. S. II. 4. Dion 
Cass. LIV. 8. LVI. 27. LXVIII. 10. 

2 Trist. III. xii. 24. 

3 Suet Dom. 5. Martial. X. 28. Stat. Silv. IV. iii. 9. Lamprid. Alex. Sev. 28. Aur. 
Viet Caes. 9. 12 Serv. ad Virg. Ain. VII. 607 Lyd de Mens. IV. 1. 

4 Dion Cass. LXVIII. 16 29 LXIX. 2 4 Spartian. Hadr. 7. Capitolin. Antonin. 21 22. 
Lamprid. Alex Sev. 26. Commod. 2. Vopisc Prob. 2 Aurelian. 1. Tacit. 8. Aurel. Viet. 

Ipit 13. Animian. Marcell. XVI. 10. Aul. Cell. XI. 17. XIII. 24. 


24 


TOPOGEAPHY OF EOME, 



















































































































































TOPOGRAPHY OF ROME. 


25 


MONS CAPITOLINUS. 

The Capitoline hill, the smallest of the seven, is about three quarters of a mile 
in circumference at its base, running from north-east to south-west, and ap¬ 
proaching, at its southern extremity, within 250 yards of the river. It has 
two tops, separated by a hollow, which was called Inter duos lucos , now the 
Piazza del Campidoglio, and this hollow tradition declared to be the spot where 
Romulus formed his Asylum. 1 The northern summit is the more lofty, rising 
to the height of about 160 feet above the sea, or 127 above the ordinary level 
of the Tiber; while the southern summit is about 10 feet lower. On one of the 
two summits stood the Arx or citadel, on the other the great national temple, 
the Capitolium , dedicated to Jupiter Optimus Maximus conjointly with Juno 
and Minerva. 2 That one of these summits was the Arx and the other the site 
of the Capitolium is admitted by nearly all topographers; but whether the Arx 
stood on the northern and the Capitolium on the southern summit, or vice versa , 
is a question which has given rise to fierce and prolonged controversies. The 
discussion has, moreover, been rendered more intricate by the loose manner in 
which the terms Arx and Capitolium are employed by ancient writers. Thus, 
since the whole hill was strongly fortified and regarded as the citadel of Rome, 
Arx is frequently used as synonymous with Mons Capitolinus; while, in like 
manner, Capitolium has an equal latitude of signification. It would be impos¬ 
sible here to give even an outline of the arguments adduced by the conflicting 
parties, or of the ingenious inferences which have been drawn from minute 
circumstances. It is enough to say, that those scholars who have studied the 
subject most deeply, and are best able to form a sound opinion, agree that the Arx 
or citadel proper must have stood upon the northern and more lofty of the two 
summits, now occupied by the church of Santa Maria in Araceli, and that the 
temple of Jupiter stood upon the lower eminence, now the site of the Palazzo 
Caffarelli. This lower summit presented, in ancient times, a rocky face towards 
the river, the precipice falling abruptly not less than 80 feet; but it is now 
considerably less, having, in the course of ages, been cut down and sloped away 
—this was the Saxum Tarpeium or Rupes Tarpeia , the whole of the lower 
summit being the Mons Tarpeius , although the latter term, and also Arx Tarpeia , 
is employed, like Arx and Capitolium , to designate the whole hill. 3 

The Capitolium was vowed by Tarquinius Priscus, in the Sabine war, 4 but 
he lived to lay the foundation only ; the work was prosecuted with great vigour 
by Superbus, who called in the aid of Etruscan workmen, and was nearly finished 
at the time of the revolution; for we find that it was dedicated in the year of 
the first consulate. 5 The legends connected with the founding of the temple—the 
refusal of Terminus and Juventas to remove from the spot—the finding of a human 
head, from which the name Capitolium was said to have been derived, are all 
recorded by the native and foreign historians of Roman affairs. 6 The edifice 
contained three cellae or shrines—in the central compartment was the statue of 
Jupiter seated, arrayed in costly robes, with his face painted scarlet; on his 
right hand was the statue of Minerva, on his left the statue of Juno, both 
standing. The original structure remained unharmed until B.C. 83, when it was 

1 Liv. I. 8. Dionys. II. 15. Ovid. Fast. III. 429. 

2 Arx and Capitolium are frequently distinctly opposed to each other, o.g. Liv. VI. 20. 
Dionys. II. 15. Aul. Gell. V. 12. 

3 Liv. I. 55. Varro. L.L. V. § 41. Plut. Rom. 18. Tacit. Hist. III. 71. 

4 Liv. I. 38. Cic. de R. II. 20. Dionys. III. 69. IV. 59. Tacit. Hist. III. 72. 

6 Polyb. III. 22. Liv. II. 8. Plut. Popl. 13. 14. 

6 Varro L.L. V. § 41. Liv. I. 55. 56. V. 54. Dionys. IV. 59. seqq. 


26 


TOrOGKAPIIY OF ROME. 


consumed by fire This misfortune happened during the civil wars of Marius 
ana feuiia; but does not appear to have been connected witli any straggle or 
tumult. It was restored with great magnificence by Sulla, 2 who did not live 
to dedicate the new edifice; but this ceremony was performed by Q. Lutatius 
Catulus, (consul B.C. 78,) and hence the building is called by Cicero Monu- 
Tlll s second temple was destroyed in A.D. 69, by the partizans 
otViteHms—restored by Vespasian 4 —consumed by fire almost immediately 
aftei Ins death, and rebuilt with great splendour by Domitian. 5 Of the destruc¬ 
tion ot this fourth edifice we have no distinct record. 

The cuts below represent the temple at three of these epochs; the first is from 

a denarius of the Gens Pelillici, which 
bore the cognomen of Capitolinus, and must 
be intended to depict the capitol as restored 
by Sulla, the second is from a large brass 
of \ espasian, the third from a Greek silver 
medallion of Domitian; in the two latter 
the sitting figure of Jupiter between the 
standing figures of Juno and Minerva is 
distinctly visible. 




In front of the temp e was an open space, the Area Capitolina, in which public 
meeting’s of different kinds were occasionally held,® and in the immediate vicinity 
V as the Cm la Kalahra , where, in ancient times, the priests made proclamation 7 
oil the kalends of each month, of the period when the Nones and Ides would fall’ 
and of other matters connected with the Kalendar. ’ The other building of 
note on the lower summit, were the temples—of Jupiter Feretrius founded hv 
Konmlus, ill which Spoha Opima were deposited s —of Fides, originally built bv 
Niirna, renewed, B.C. 259, by M. Atilius Calatinus, and aftfrwards by 
Aemihus Scaurus —of Mens, and of Venus Erycina, both dedicated durine-' 
the second Punic war>»-of Honos et Vims, dedicated by C. Marius, and hence 

5h P etTc B 5,u I . 8 h P ?Tj t ' H ' s, - I1L72 - 

XXXVIlhi. xun. n |l crr ' IV ' ,L a Llv. Epit. XCVIIL Suet. Caes. 15. Dion Cass. 

4 *1 a.cit. Hist. IV. 53. Suet. Vesp. 8 Dion Cass TXVf in 

6 Uv l X P 5 P V. 3 5 XUll: 1 D 6°XLV ^ LxVt 84 ' 

7 Varro L L. V. § 13 VI § 27. 

8 Liv. 1. 10. IV. 20 Dionys II. 34. 

9 l.iv I. 2\. Cic de N D II. 2'i Plut. Num 10 

10 Liv. XXII. 10. XXIII. 31. Cic. de N.D. l. c . Plut. de fort. Rom. 10. 


























































TOPOGRAPHY OF ROME. 


21 



styled Monumentum Marii 1 —of Jupiter Tonans , and of Mars Ultor , built by 
Augustus, 2 and of Jupiter Custos , built by Domitian. 3 

On the Arx were—the Auguraculum , a sacred stone on which the Augur sat 
with veiled head looking towards the south when taking auspices on behalf of the 
state—a temple of Juno Moneta , with the officina or mint attached, built on 
the spot where the mansion of king Tatius, and afterwards the house of M. Manlius 
had stood 4 —and a temple of Concordia , built during the second Punic war. 5 
In the hollow between the two summits was a temple of Veiovis ; but this 
does not appear to have been the shrine which in earlier times conferred on the 
spot the character of a sanctuary. 6 

Approaches io the Capitol.—The only approach to the capitol during the 
kingly and republican periods was by the sloping road called Clivus Capitolinus , 
which led up from the forum; but in the imperial times it was accessible on the 
opposite or river side, by a hundred steps. 7 The former must be more particularly 
described. 

Clivus Capitolinus. —At the bottom of the Clivus Capitolinus stood, and 
still stands, as represented in the annexed cut, the triumphal arch erected by 
Septimius Severus to commemorate his conquests in the East. 


Passing through this, the road turned to the left and ascended the slope. On 
the right-hand was the temple of Concordia ; the open space in front being the 
Area Concordiae. It was founded by M. Fur ins Camillus about B.C. 366— 
rebuilt by Tiberius, and contained many remarkable works of art. Here, both 

1 Cie. pro Sest. 54. pro Plane. 32. and schol. de Div. I. 28. Vitruv. III. 2. Fest. s. v. 

tummissiorem p 314. 

2 Dion Cass. LIV. 4. 8. 

3 Suet. Dom. 5. „, „ rTT 

4 Plot. Rom. 20. Solin. I. 21. Liv. YI. 20. VII. c8. 

6 Liv. XXII. 33. 

6 Liv. II. 1. Dionys. II. 15. Plut. Rom. 9. 

1 Tacit. Hist. III. 71. 






































28 


TOPOGRAPHY OF ROME. 


during the republic and under the empire, the Senate occasionally held their 
meetings; and here the memorable debate took place during the Catilinarian 
conspiiacv . 1 Near the temple of Concord was the temple of Saturnus , three 
columns of which still remain 5 and commected with it was a very ancient Ara 
Saturni and a Sacellum Ditis. The temple itself was dedicated B.C. 498 or 497; 
but the building is said to have been commenced by the second Tarquin, or even 
by Tullus Hostilius. It was rebuilt by L. Munatius Plancus, about B.C. 42, 
and again lenewed by Septimius Severus. During the republic it was employed 
as the State treasury, ( aerarium ,) and here not only the public money but the 
military standards also, the decrees of the Senate, and all public documents were 
deposited , 3 until the erection of the Tabularium or record-office, which was 
built soon after the burning of the capitol, in B.C. 83, and dedicated by Q. 
Lutatius Catulus, as proved by the inscription now, or lately, legible on the 
substructions Q. Lutatius Q. F. Q. N. Catulus Cos. Substructionem et 
i ABULARIUM Ex S.C. FaCIUNDUM COERAVIT. 


Tullumum.—On the right hand side of the modern ascent from the forum to 
the capitol, which does not, however, coincide with the ancient Clivus Capitolinus, 
we find a very interesting memorial of the earliest ages of the city. This is the 
prison built according to the Boman writers by Ancus Martius, to which his 
successor added an underground dungeon, ever after known as the Tullianum , 
and most graphically described by Sallust. The upper and lower cells are still 

both entire, and have been converted into 
chapels. . Originally the only access to the 
under prison was by a hole in the vaulted 
roof, through which criminals were let 
down; the steps by which we now de¬ 
scend are modern. The annexed cut taken 
from the excellent work of Sir William 
Gell on .“The Topography of Borne and 
its Vicinity,” presents an accurate view 
of the present aspect of this ancient struc¬ 
ture, and the remarks upon it in the work 
itself are well worthy of attention. Here 
perished Jugurtha—here Lentulus, and 
others connected with the conspiracy of 
__ .p ,1 r> ~ , .. Catiline; and here, according to the tra- 
djtions of the Roman Catholic church, St. Peter was confined. The term 

“XdT, LTf (C A Cer ^ which is n ° w generally dfctin- 

guisned, is to be found m no classic author . 4 

y icinit N ° f t J ie prison, were the Scalae Gemoniae on which 
t e bodies of criminals who had been put to death were exposed . 5 



PALATIUM, S. MONS PALATINUS. 

Orell. C I. No. 590. b ‘ S ‘ L 8> 1L Fest s - y . Saturma p. 322. Suet. Octav. 29. 

3 Plut. Popl. 12. Q.R. 42. Liv. Ill 69 

4 Liv. L 33. XXIX. 22. XXXIV. 44.' Varro T T V t iti „ , 

Sallust Cat. 55. Plut. Mar. 12. ‘ ’ * Jest. s.v. Tullianum p.356. 

6 ^ax. VI. ix. 13. Tacit. Hist. III. 74. Dion Cass. LVIIL 5. 













































TOPOGRAPHY OF ROME. 


29 


ordinary level of the Tiber; but it probably was at one time considerably higher, 
its summit, as well as those of the other hills, having been cut down and levelled, 
in order to afford a greater extent of flat ground for building. 

The slope to the north-west, in the direction of the capital, bore the name of 
Germalus or Cermalus; x and in this locality were many objects connected with 
the earliest traditions. Here was the Lupercal , or cave of Lupercus , who was 
eventually identified with Arcadian Pan; 1 2 3 4 here grew the Ficus Ruminalis , 
beneath whosf shade the twin brothers were suckled by the wolf, and which w r as 
afterwards miraculously transplanted to the Comitium ; 3 here was the Casa 
Romuli , 4 the humble dwelling of the first king; here the sacred cornelian-cherry 
tree, which sprung from the shaft of a spear hurled by Romulus from the Aven- 
tine. 5 6 Higher up the hill, on the same side, was the shrine of the goddess 
Victoria , which was said to have been in existence before the foundation of 
Rome, and in which, on account of its peculiar sanctity, was deposited the 
effigy of the Magna Mater when transported from Pessinuns to Rome, B.C. 205, 
until a separate temple w r as erected to receive it, which also stood upon the 
Palatine, facing the east. 6 On the summit was the Curia Saliorum , where the 
Lituus of Romulus and the Ancilia were preserved. 7 

Near the Porta Mugonia , overlooking the Nova Via and the forum, was the 
temple of Jupiter Stator , vowed by Romulus in his great conflict with the 
Sabines, and beside it stood the royal dwelling of Tarquinus Prisons and his 
successors. 8 On the south-east extremity, above the spot where the Arch of 
Constantine now stands, was the edifice called Curiae Veteres , where of old the 
thirty Curiae were wont to hold their religious assemblies, 9 But the most 
celebrated temple on the hill was that of Apollo , built of Carara marble by 
Augustus soon after the battle of Actium, and dedicated B.C. 28. It was 
surrounded by colonnades of African marble, and to it were attached spacious 
halls, which contained the celebrated library. The open space in front was the 
Area Apollinis; and here, between the pillars of the portico, stood statues 
of the fifty daughters of Danaus, while opposite to them, if we can trust the 
scholiast on Persius, in the open air, were ranged the fifty sons of iEgyptus upon 
horse-back. 10 11 

On the Palatine, during the republic, many of the noblest and most distin¬ 
guished citizens had their dwellings. Here was the house of the traitor, 
Vitruvius Vaccus, which, having been levelled with the ground, (B.C. 311,) the 
site remained without buildings, under the name of Vacciprata , 11 —of M. Fulvius 
Flaccus, which was demolished during the troubles of the Gracchi, its place being 
occupied at a subsequent period by a colonnade built by Q. Lutatius Catulus, 
(Porticus Catuli ,) and decorated with the spoils won by him in the Cimbric 


1 Varro L.L. V. § 54. Plut. Rom. 3. Paul. Diac. s.v. Cermalus p. 55. s.v. Septimontium. p. 
341. 

2 Dionys. I. 32. 79. 

3 Dionys. I. 79. Varro, L.L. V. §54. Paul. Diac. s.v. Ruminalis p. 271. Plut. Rom. 4. 
Ovid. Fast. II. 410. Serv. ad Virg. iEn. VIII. 90. 

4 Varro, Dionys. 11. cc. Plut. Rom. 20. 

5 Plut. 1. c. 

6 Dionys. L 32. Liv. X. 33. XXIX. 14. XXXVI. 36. Dion Cass. XLVI. 33. 

7 Cic. de divin. I. 17. Dionys. fragmt. Val. Max. I. viii 11. 

8 Liv. I. 12. 41. Dionys. II. 50. Ovid. Trist. III. i. 31. Plut. Cic. 16. Plin. 1LN. XXXIV. 

6. Solin. I. 24. 

9 Varro L.L. V. § 155. Ovid Fast. III. 139. Macrob. S. I. 12. 

10 Dion Cass. XLIX. 15. LI1I. 1. Velleius II. 81. Suet. Octav. 29. Schol. Pers. II. 56. Ovid. 

Trist. III. i. 59. 

11 Liv. VIII. 19. 


30 


TOPOGRAPHY OF ROME. 


war l — of M. Livius Drasus, which afterwards belonged to one of the Crassi, 
then to Cicero, and, upon his banishment, was demolished by Clodius, who ex¬ 
tended the Porticus Catuli, and dedicated the remainder of the Area to Libertas. 2 
On the Palatine lived M. Scaurus, so renowned for his sumptuous extravagance; 
M. Antonins, whose mansion was made over to Agrippa and Messala ; Catiline 
and Hortensius, whose houses were subsequently occupied by Augustus. 3 With 
him a new epoch commenced in the history of the hill; the name Palatium 
soon began to mean the imperial residence, and, in process of time, was appro¬ 
priated to denote the imperial residence not only at Rome, but in any part of 
the world. Tiberius had a house on the Palatine called the Domus Tibericina , 4 
separate from that of Augustus. It retained its name for a considerable period 
after his accession, and a public library was attached to it. We cannot doubt 
that during the reign of the second emperor, as well as those of his immediate 
successors, especially Caligula, 5 considerable changes and extensions must have 
taken place in the buildings allotted for the reception of the court, in order to 
accommodate the numerous officers of state and their retainers; but still there 
were unquestionably many private residences on the hill, especially on the 
northern side. During the reign of Nero, however, the prince appropriated the 
whole of the Palatine, of the Velia, of the valley of the Coliseum, and of the 
south-eastern portion of the Esquiline, including”the gardens of Maecenas, and 
up to the Servian Agger, for his Domus Transitoria; but this having been 
destroyed in die great fire, was succeeded by the still more celebrated Domus 
Aurea , 0 which was to have transcended in magnificence every thing before 
imagined in imperial Rome.. The projector, however, did not live to complete 
his plan, and the woik, continued through the brief reign of Otho, " was stopped 
by Vespasian, who at once restricted its limits to the Palatine itself, which from 
this time foiwaid, was occupied almost exclusively by the buildings requisite for 
the court. 

f At the southern extremity of the Palatine, Septimius Severus erected his 
Septizonium , a building of which remains existed towards the close of the 16th 
century, but of which the nature and object are quite unknown. 8 

Approaches to the Palatine.—The principal access to the Palatine, at all 
epochs, was through the Porta Mucjonia , (see above, p. 5,) which opened out 
upon the Velia. The only other access known to us was by the Clivus Victoriae , 
through the Porta Romanula , which was approached by steps from the point 
where the Nova Via entered the Velabrum . 9 

1 he 1 elaa. It does not appear that there were any buildings of importance 
upon the .Velia, with the exception of those already mentioned in connection with 
Sacra Via , before the reign of Nero, by whom it was comprehended within the 
limits of his Domus Aurea; but at a subsequent period its summit and base were 
adorned by some of the most splendid edifices of the empire. 

At the top of the Velia, and the highest point of the Sacred Way, stood, and 
still stands, as represented in the annexed cut, the Triumphal Arch of Titus 


1 Val. Max YI. iii 1. Orat. pro dom 43. 

OrJtrXl 4i Son SsVxfXV^I Tj ^ ^ ° f ASC ° n ‘ *am. V- 6. 

0 cVvVrdeiir/rammT 7 ! eOfA8C0n - rUa H ' N ' XXXVL 3 - D™ Cass. LIU 27. Suet 

4 Tacit Hist. I. ‘47. Plut. Galb. 24. Aul. Gell. XIII. 19 
6 Plin. H.N. XXXVI. 15. 

6 Tacit. Ann. XV. 39. Suet. Ner. 31. Martial. Spect. 2. 

7 Suet. Oth. 7. * 

8 Spartian. Sept Sev. 24. Get. 7. Ammian Marcellian. XV 

9 Varro L.L. V. § 164. Fest. s.v. Romanian portam p. 262. 


7. Coinp. Suet. Tit. 1. 


1 


TOrOGRAPIIY OF ROME 


31 


erected to comn jernorate the capture of Jerusalem, with bas-reliefs, exhibiting 
the golden candlestick and various other sacred utensils, which formed part of 
tlie spoil of the temple. The inscription— Senatus Populusque Romanus 
Divo Jito Dm Yespastani F. Yespasiano Augusto— proves that it could 
not have been completed until after the death of Titus. 





On the side of the Yelia next the Ibrum, was the sumptuous Templum Pads , 
elected by Yespasian after the Jewish triumph 5 1 it stood in the midst of a 
spacious area known in latter times as the Forum Vespasiani or Forum Pads. 2 
The original temple was burned shortly before the death of Commodus , 3 and a 
portion of the site was probably employed by 
Maxentius for the vast Basilica, which, after 
the downfal of the usurper, was distinguished 
as the Basilica Constantiniana. 

On the other side of the Yelia, towards the 
Coliseum, stood the colossal statue of Nero, 120 
feet in height , 4 which, after undergoing many 
transmutations in name and feature, was removed 
from its original position by Hadrian, to make 
room for the Templum Veneris el Romae , 
subsequently named Templum Pads , one of 
the most georgeous of all the imperial struc¬ 
tures. 5 The annexed cut, from a large brass 
of Hadrian, is supposed to represent the temple in question. 

1 Joseph. B. J. VTI 5. §7. Dion Cass. LXVI. 15. Suet. Yesp. 9. Plin. H.N. XXXIV. 8. 
Aul. Gell V. 21 XVI 8. 

2 Ammian. Marcellin. XVI. 10 Procop. B. G. IV. 21. Symmach. Edd. X 78. 

3 Dion Cass. LXXII. 24. Herod 1. 14 

4 Suet. Ner 31. Vesp. 18. Plin H.N. XXXIV 7 

5 Dion Cass. LXIX. 4. LXXI. 31. Martial. Spect 2. Spartian. Hadrian. 19. Lamprui. 
Con iiiiCd. 17. 
















































































32 


TOPOGRAPHY OF ROME. 


MOXS AVENTIXUS. 

The Aventine, which rises to 150 feet above the sea, or 117 feet above the 
ordinary level of the Tiber, presents a more extended flat surface on its summit 
than any of the other hills. Immediately to the south-east of the Aventine, and 
sepaiated from it by a narrow valley, is a hill of considerable magnitude, and 
on this we now find the modern churches of S. Saba and S. Balbina. This second 
lull is nowhere named in the classical writers, and it is a matter of doubt whether 
it v as oi was not regarded as a part of the Aventine. It has been ingeniously 
conjectured, that a difference of opinion upon this subject may have given rise to a 
variation in the MSS. of Dionysius, (III. 43,) some of which give twelve stadia and 
others eighteen stadia as the circumference of the Aventine. Twelve will corre¬ 
spond well with the Aventine proper, while eighteen would include both. Another 
curious fact connected with the Aventine embarrassed the Roman antiquaries of the 
empire. It was the only one of the seven hills not comprehended within the Po- 
moenum of Servius Tuljius, and it remained excluded until the reign of Claudius. 1 

lie A\ entine is said to have been inhabited during the reign of Ancus 
Martius, who assigned it to the inhabitants of Tellene and Politorium, and other 
towns conquered by him; 2 but it seems, subsequently, to have been in a great 
measure deserted, for, towards the close of the third century, it was overgrown 
with wood, and formed a portion of the state lands, (ager publicusA occupied by 
t le patricians, from whom it was wrested after a hard struggle, and portioned 
out among the plebeians. 3 From this time forward it remained chiefly in the 
hands of plebeian families, and was, as it were, the stronghold of the order, 
even alter all political distinctions between the patricians and the plebeians had 
been swept away. 

There were several localities on the Aventine connected with the legendary his¬ 
tory of the city At the foot of the hill, near the Porta Trigeminal close to the 
place afterwards called Salinae, were the Ara Evandri, 4 the Antrum Caci 5 
and the Ara Jovis Inverttoris, 0 reared by Hercules to commemorate the finding 
of his oxen; there was also pointed out on the top of the hill a spot which long 
bore the name of Remoria or Remuria , where Remus watched the auspices 7 -— 
an altar to Jupiter Elicius* which dated from Numa—the street Lauretum 9 
where once grew a grove of laurels over the grave of king Tatius—the Armilus- 
t> mm, where a festival, bearing the same name, was celebrated, it is said, by 
armed men ; but the nature of the solemnity is unknown. The most celebrated 
temple was that of Diana, and hence Martial terms the whole hill Collis Dianae 11 
built by bervius as the shrine where the great Latin confederacy, of which Rome 
must at that period, have been regarded as the head, might offer up common 
sacniice. I he ancient edifice appears to have been in existence in the time of 
Augustus, and m it was preserved, even at that epoch, the original brazen plates 
on which were inscribed the Foedus Latinum and the Lex Icilia. Scarcely less 

1 A ul. Gell. XIII. 14. 

2 Liv. I. 33. Dionys. Ill 43. 

3 Liv. III. 31. 32. Dionys. X. 31. 


Ovid. Fast. I. 551. Solin. I. 8. 


4 Dionys. I. 32. 

5 Virg. iEn. VIII. 190. 

6 Dionys. I. 39. 

7 Paul- Diac. s.v. Remurinus ctgpr. p 276 

8 Varro L.L. VI. § 94. Liv. I. 20. Pint. Num. 15. 

9 Varro L.L. V : § 152. Dionys. III. 43. Plin. H N. XV. 30. 


10Varro L.L. V. § 153. VI. § 22 Paul Diac 
Liv. XXVII. 37. S aU1, ■ LMac * 

11 Martial. VI. 64. VII. 73. XII. 18. 

12 Liv. I. 45. Dionys. IV. 26. 


s.v. Armiliistrium, p. 19. Plut. Rom. 23. 


TOPOURAPHY OF ROME. 


33 


celebrated was the temple of Juno Regina , built and dedicated by Camillus after 
the sack of Veii, and here the wooden statue of the goddess, brought from the 
conquered city, was deposited. 1 Near a rock, called Saxum Rubrum , which is 
probably the same with the Remuria noticed above, on the first downward slope 
of the ridge, towards the south, stood the shrine of Bona Dea , afterwards removed 
by Hadrian. 2 There was also a temple of Minerva , as old, at least, as the second 
Punic war 3 —of Luna 4 —and of Libertas. 5 With the latter, many suppose that 
the Atrium Libertatis , so frequently mentioned in the classics, was connected; 
but there is every reason to suppose that the latter lay somewhere between the 
Forum and the Campus Martius. 1 2 3 4 * 6 

On the narrow strip of land between the Aventine and the river, outside the 
Porta Trigemina, was the harbour or quay ( emporium ,) where all merchandise 
conveyed by the Tiber was landed. This was gradually extended, and the 
accommodation enlarged; and here we must look for the covered shed called 
Porticus Aemilia , set up by the aediles M. Aemilius Lepidus and L. Aemilius 
Paulus. 7 Here, too, as might be expected, were the corn market, 8 the public 
granaries, and a Vic us Frumentarius , 9 and this was the quarter of the wood 
merchants ( lignarii .) 10 

Apj»a'oaches to the Aventine. —The chief, and, in ancient times, probably 
the only approach to the Aventine, was by the slope called Clivus Publicius , so 
named from L. and M. Publicii Malleoli, plebeian aediles, by whom it was 
paved and rendered passable for wheel carriages. It ascended from the Porta 
Trigemina, and was the regular access from the quarter of the forum. 11 

Monte Testaccio.— To the south-v r est of the Aventine and included within 
the circuit of the Aurelian walls, rises a little hill or mound, upwards of 130 feet 
above the level of the Tiber, and more than a quarter of a mile in circumference, 
composed entirely of broken pottery; the ground all round for a considerable 
distance, being raised nearly twenty feet above its natural level by a mass of 
similar fragments. This eminence is now known as the Monte Testaecio, and 
the name Mons Testaceus occurs in an inscription, as old, at least, as the eighth 
century, while the position of the Porta Ostiensis , built by Honorius, proves 
that the surface of the ground at that point has not undergone any material 
change since the commencement of the fifth century. There is, however, no 
allusion to the Monte Testaccio in any ancient writer; and no plausible theory 
has yet been devised to account for such an extraordinary accumulation of pot¬ 
sherds in this locality. 

Porta Capena.— In the valley between the Aventine and the Coelian, stood 
the Porta Capena , which gave its name to the first of the Augustan regions. 
This district lay altogether beyond the Servian wall, forming one of the numerous 
suburbs. In the immediate vicinity of the gate was the temple of Honos , erected 


1 Dionys. IV. 26. X. 32. fragm. XIII. 3. Liv. V. 22. 

2 Ovid. Fast. V. 148. Spartian. Hadrian. 19. 

3 Fest. s v. Quinquatrus, p. 254. s.v. Scribas, p. 333. 

4 Liv. XL. 2. Ovid. Fast. III. 833. 

6 Liv. XXIV. 16. 

6 Liv. XXV. 7. XLIII. 16. XLV. 15. Cic. pro Mil. 22. ad Att. IV. 16. Another Atrium 
Libertatis was built by Asinius Pollio, who here established the first public library known 
in Rome. See Suet. Octav. 29. Plin. H.N. VII. 30. XXXV. 2. 

7 Liv. XXXV. 10. XLL 27. 

8 Liv. XL. 51. Plin. H.N. XVIII. 3. XXXIV. 5. 

9 See Becker, p. 165. 465. 

10 Liv. XXXV. 41. 

11 Fest. s.v. Publicius Clivus, 238. Varro L.L ; V. § 158. Liv. XXVI. 10. See also the 
important description of the procession in Liv. XXV11. 37. 


34 


TOPOGRAPHY OF ROME. 


*7 S' v? blUS n , Verrucosus ’ and re P aIred aft er the capture of Syracuse (B.C. 212,) 
by M. Marcellus, who attached to it a temple of Virtus, and decorated the twin 
s rmes with several master-pieces of Grecian art, brought from the conquered 
city from this point, or from the neighbouring temple of Mars , 2 the Homan 
equi es proceeded annually, on the 15th of July, in solemn procession ( transvec - 

T - t0 7,7® c f.P lt ,° 1 - Beside the temple of Mars stood a sacred stone, the 
fP ls which was dragged into the city with certain ceremonies, 

am mg periods of excessive drought, in order to procure a fall of rain. 

Tallin Egeriac—Near the Porta Capena was the dell in which Numa was 
wont to hold nocturnal converse with the nymph Egeria, (Hie ubi nocturnae 
i\uma constituebat aimcae ,) and the grove consecrated to the Camoenae , together 
with the sacred grotto and spring—localities minutely described by Livy and 
Juvenal, especially by the latter, whose words are so distinct, that it is difficult 
to imagine how the opinion maintained by so many modern topographers, that 

■ t p +1 00k A f0r 1 ^ eSe Spots 0utside the modem Porta S. Sebastiano, the Porta 
Jl Ppia ot the Aurelian circuit, could ever have found supporters. 

111 Bordering on the region of the Porta Capena, and also 
outside of the Servian wall, lay the Twelfth of the Augustan regions, which 

used to bmh fr01 a the Pu ™ ica > a large tank, in which the populace 

isecl to bathe and exercise themselves in swimming; but the pond itself had 

theTstrif^ a comparativel 7 early epoch, although the name still adhered to 


MONS COELIUS. 

Moms Coelius.—The Coelian presents the largest level surface next to the 
A venture, ^ and rises to the height of about 158 feet above the level of the sea 
it was originally, we are told, named Mons Querquetulanus, from the oaks 
with which it was clothed, and received the appellation of Mons Coelius , from 
a certain Coelms Vibennus or Coeles Vibenna, an Etruscan chief, who formed a 
sett ement on the hill, as early as the time of Romulus, according to one account, 
or in the days of the elder Tarquin, according to another. 7 For a short period, 
mu d liberius, it was designated Mons Augustus , to commemorate the liberality 
ot the emperor in supplying funds for repairing the ravages caused by a destruc¬ 
tive conflagration. 8 It must be remarked that the surface of this hill is broken 
up into several divisions, by depressions and projections, and while the whole 
was termed Mons Coelius , one of the smaller heights or ridges was distinguished 
as Coelius Minor or Coeholus ; 9 but topographers have been unable to fix upon 
the portion to which this title belongs. 1 

B e hear of scarcely any public buildings of importance on the Coelian. There 
vere chapels of Dea Carna !0 —of Minerva Capta , 11 —and of Diana (on the 

2 P. vld - -^st. YI. 191. Propert. IV. iii. 71. Serv. ad Virg ^En I 999 

3 Dio'ny S X VT 13 N '?' n ,* fr in Verr - IY ’ 54 VaL Max - 1 i- 8. 

4 Panl riiL 1 ' 2 3 4 ‘ F - 111 7 * Aurel - Viet, de viris ill. 32. 

s.v. Trulleum^ 375 pH&Ti \\Manalem Lapide,n, p. 128. Yarro ap. Non. XV. 
Gerl. * ' e ' ^ er b Antist. Lab. ap. Fulgent, s.v. Maiiales Lapides, p. 388. ed. 

5 Liv I. 21. Juv. S. Ill 10. comp. Plut. Num. 13. 

® P*»anae publicae, p. 213, Liv. XXIII. 32. Cic. ad O F III 7 

• frCZ- 5 * “• D,0 " JS 11 * »P- Grut. 

10 RIacrob's' T’l2 46 ‘ ° rat ' de I4arUSp ' resp ' 15- Martial - XII. 18. 

U Ovid. Fast. III. 837. comp. Yarro L.L. V. § 47. 


TOPOGRAPHY OF ROSIE. 


35 


Coeliolus) 1 —a temple to Divus Claudius , commenced by Agrippina, destroyed 
by Nero, and restored by Vespasian 2 —and a temple of Isis . 3 

On the Coelian was the Aqua Mercurii , the spring whose virtues have been 
celebrated by Ovid, 4 and the Campus Martialis , where the Equiria were cele¬ 
brated, at times when the Campus Martius, the ordinary place of exhibition, 
chanced to be overflowed. 5 

We are told that Tullus Hostilius fixed on the Coelian as the site of his palace, 6 
although, according to other accounts, he dwelt on the Velia . 7 In later times 
it was decorated by many sumptuous private dwellings, 8 of which the most 
celebrated were—the house of Mamurra—the Domus Later an orum, belonging to 
the Plautii Laterani, from which the magnificent church of S. Giovanni in Laterano 
derives its name 9 —and the Aedes Vectilianae , in which Commodus perished. 10 

Ahnost the only memorial of ancient times now standing on the hill, is an 
arch, probably connected originally with some of the aqueducts in this district. 
It is usually known as the Arcus Dolabellae , having been erected, as the inscrip¬ 
tion informs us, by the consuls P. Cornelius Dollabella and C. Junius Silanus 
(A.D. 10.) 

Ceroliensis. —The hollow between the Coelian and the Esquiline seems, as 
we have already stated, to have borne the name Ceroliensis , and here was the 



1 Orat. de Haruspic. resp. 15. 

2 Suet. Yesp. 9. Frontin. de Aquaed. 20. 

3 Trebell. Poll. trig, tyrann. 24. 

4 Ovid. Fast. V. 673. 

•5 Ovid. Fast. III. 519 Paul. Diac. s.v. Martialis Campus, p. 131. 

6 Liv. I. 30. 

7 Cic. de R. II. 31. 

8 Val. Max. VIII. ii. 1. Plin. H.N. XXXVI. 6. Martial. XII. 18. Capitolin. M. Aurel. 
1. Lamprid. Commod. 16. 

9 Juv. S. X. 18. Tacit. Ann. XV. 49. 60. Victor Epit. 20. 

10 Lamprid. Commod. 16. Capitolin. Pertin. 5. 


































36 


TOPOGRAPHY OF ROME, 


Sacellum Streniae , which marked the commencement of the Sacred Way. 1 In 
this valley were formed the costly fish-ponds of Nero (stagna Neronis ,) included 
within the limits of the Aurea Domus; and their site was afterwards occupied 
by the stupendous mass of the Coliseum , the most impressive, perhaps, of all 
ancient mins. In the same valley we can still trace the remains of the Meta 
Sudans , 2 where the water from a copious spring, rising through a conical pillar, 
was received into a basin of stone; and finally, at the point where this hollow 
is joined by that which divides the Palatine from the Coelian, stands, still entire, 
as represented in the cut below, the Triumphal Arch of Constantine the Great, 
erected to commemorate his victory over Maxentius. 





. i^yuiLIAE S. MONS ESQUILINUS. 

the SubJa. c <™*~the Vtcus Cypnus- the Vicus Patricias, and 

termed CarimTii noiTmvkedTP 01 ' 1 ' 0 ! 1 of the Mons Oppius which was 
and the extensive rdns Zb A»f> the ,of S. Pietro in Vincoli, 
seems to have formed oridnahA Af f‘- a (T, ‘ ermae . Titi -) This district 
ancient times of the Terrern Murus ~ of V 1 ' e P en . dent Vllla ge, for we hear in 
Servian division the Carima Cannae ; and, according to the 

the Regio Esquilina. The term* of the Re S io Sniurana, and not in 
was situated in the CarinaeTt t n! v 6 T S celebrated onthe Esquiline, 
B.C. 268) on the site of th« . bmlt p - Sempromus Sophus, (consul 
In the (C^ ttatefST ° CCU1)i « d by , Sp - V 485) ‘ 

. Varro L.L. V. 5 17 ‘ ^“P 61 " 8 - ^ t0Warfs th « <*>°*° »f the 

2 Senec. Gp. 56 . 

3 Varro L.L. V. §48. 

6 SueKe Ul. I gramm Ll ]5 Tib 1 °n*‘ pr ° dom 38 

feramm. 15. Txb. 15. Dion Cass. XLVIII. 38. 


































TOPOGRAPHY OF ROME. 


37 


republic it seems to have been regarded as one of the most fashionable quarters 
of the city. In a street leading down into the Vicus Cyprius was the Tigillum 
boronum , a beam stretching across the pathway after the manner of a yoke. 
Under this, according to the legend, Iloratius passed in token of humiliation, 
after the unhappy death of his sister; and altars were erected hard by to Juno 
boi oria and Janus Curiatius , 1 on which sacrifices were regularly offered up at 
stated periods by the Gens Horatia. 

Mohs Cispius—The summit of the Mons Cispius is marked by the celebrated 

modern church of S. Maria Maggiore, in which the pavement is 187 feet above 
the level of the sea. 

The greater portion of the Esquiline was, in ancient times, covered with wood, 
and although this gradually disappeared, traces of it remained in the numerous 
- Luc \ or sacred groves scattered up and down. Among these we find especial 
mention made of the Fagutal or Lucus Fagutalis, with the Sacellum Jovis 
Fagu tails -—the Lucus Esquilinus 1 2 3 —th z Lucus Poetelius 4 5 —th e Lucus Junonis 
Lucmae, with her temple, built in B.C. 375 , 6 7 and the Lucus MeJitisJ The 
last, taken m connection with the altars to Mala Fortuna 7 and to Febris , 8 
would seem to. indicate that the air of this quarter was regarded as unwholesome ; 
and it is certain that, for a long period, the greater portion of Esquiline proper 
was inhabited by the humbler classes only, and contained no public buildings of 
importance. ® 

The amenity of the upper part of the hill must have been entirely destroyed 
by the vicinity of the Campus Esquilinus , an extensive level outside the Servian 
wall, which was the ordinary place of punishment for malefactors convicted of 
capital ciimes, and served as a place of interment for all classes in the com¬ 
munity. 9 Not only were the. rich buried here, but a part of the ground was 
set apart for slaves and criminals, whose bodies were frequently thrown down 
and left to decompose or to become the prey of dogs and birds, without an attempt 
being made, to cover them with earth. 10 11 But during the reign of Augustus the 
aspect of this region underwent an important change. Maecenas having selected 
the highest point for his residence, erected a lofty edifice ( turris Maecenatiana) 
commanding a most extensive prospect, removed the public cemeteries to a greater 
distance, and laid out the ground around his mansion in spacious gardens and 
pleasure grounds ( horti Maecenatiani ,) 11 which descended by inheritance to 
Augustus, and remained for some generations in possession of his successors. 


COLLIS VIMINALIS. 

The Viminal was separated from the Esquiline by the Vicus Patricius , from 
the Quirinal by the Vallis Quirini and the Vicus Largus , now the Via di S. Vitale. 
The point where the ridges of the Viminal and Quirinal unite is 180 feet above 

1 Liv. I. 26. Dionys. III. 21. Fest. s.v. Sororium tigillum, p. 297. 

2 Varro L.L. Y. § 49. 50. Fest s.v. Septimontio, p. 348. Paul. Diac. s.v. Fagutal, p. 87. s.v. 
Septimontium, p. 341. 

3 Varro L.L. I.c. 

4 Varro l.c. 

5 Varro l.c. Dionys. IV. 15. Ovid. Fast. II. 435. Plin. H.N. XVI. 44. 

6 Varro l.c. Fest. s.v. Septimontio, p. 348. 

7 Cic. de N. D. III. 25. de. legg. IL 11. 

8 Val. Max. II. v. 6. 

9 Plaut. Mil.Glor. II. iv. 6. Tacit. Ann. II. 32. Suet. Claud. 25. 

10 Cic. Philipp. IX. 7. Hor. S. I. viii. 14. and schol. Gruq. &c. Epod. V. 99. Varro L L V 
§25. 

11 Hor. S. L viii. 14. and scholiasts. C. III. xxix. 10. Suet. Ner. 33. 


38 


TOPOGRAPHY OF ROME. 


the level of the sea; the floor of the church of S. Lorenzo is 170. No portion 
of the ancient city was less distinguished by public buildings or remarkable sites 
of any description, and hence we may conclude that it was at all times inhabited 
chiefly by the poorer classes. Almost the only edifice of which we find any 
notice was the mansion of C. Aquillius, a Roman eques, celebrated for his legal 
knowledge, who flourished during the last century of the commonwealth. This 
is said to have transcended in magnificence even the dwellings of Crassus 
the orator and of Q. Catulus, on the Palatine. 1 At a later period Diocletian 
erected, on the height where the Viminal and Quirinal join, his vast Thermae , 
the most extensive and costly of all the imperial piles of that class. A fragment 
of the ancient structure is included in the beautiful modern church of S. Maria 
degli Angeli. 


COLLIS QUIRINALIS. 

This hill, of which the highest point is at its junction with the Viminal, is 
said to have been originally called Agonus , 2 and to have received the name 
by which it was subsequently known, when colonized by the Sabines, ( Curetes — 
Quirites Quirinus') by whom it was inhabited during the earliest ages of Rome. 
The most celebrated temple was that of Quirinus. We hear of its existence as 
early as B.C. 435—it seems to have been rebuilt and dedicated in B.C. 293, by 
L. Papirms Cursor, in fulfilment of a vow made by his father the dictator, and it 
was again rebuilt by Augustus in B.C. 16. 3 Before the erection of the triple 
shrine to Jupiter, Juno, and Minerva upon the Capitoline, there existed a temple 
on the Quirinal consecrated to these deities, and although thrown into the shade 
by the splendour of the new edifice, it was still in existence at a very late period, 
and is called the Capitolium Vetus by Varro, while it is indicated by Martial, 
when he speaks of Jovem antiquum A On the Quirinal were also temples of 
Flot a p of SalusA decorated with paintings by Eabius Pictor, near which was 
the house of Pomponius Atticus; 7 and of Fortuna Primigenia. 8 Close to the 
Pot ta Collina was the Campus Sceleratus , where the Vestal virgins who had 
broken their vows were buried alive; 9 and beyond the gate was°a temple of 
Venus Erycina . 10 


COLLIS HORTULORUM. 

This , hill, which, in the decline of the empire was named Mons Pincius ,_ 

whence the modern appellation Monte Pincio— rises, at its highest point, about 
220 feet above the level ot the sea. It was not included within the Servian 
wall; and, as the name imports, was laid out in gardens and pleasure grounds. 
Among the most celebrated of these were the Horti Sallustiani , in the hollow 
towards the Quirinal, 11 and the Horti Luculliani, first mentioned in connection 
with the downfal of Messalina. 12 

Having now completed the circuit of the high grounds, we return to the 


1 Plin. H.N. XVII. 1. 

2 Fest. s.v. Qurrinalii collis, p. 251. Paul. Diac. s.v. Agnnium , p. 10. comp. Dionys. II. 37 

29 Dionclss LIV if FaSt ' IL 51L VL 795 ‘ Liv ‘ IV 2L X< 46 ‘ riin - ***** V ' 1L 60 - X V. 

4 Varro L.L. V. § 158. Martial. V. 22. VII. 73. 

5 Martial. V. 22. Varro L.L. l.c. 

6 Liv. X. I. Plin. H.N. XXXV. 4. 

7 Cic. ad Att. IV. 1. XII. 45. de legs. I I 

8 Liv. XXXIV. 53. 

lO^Lh^'XXX *38 I>Iut ' ■ Num ' 10 - Liv - VIII. 15. Fest. s.v. Sceleratus catnpus, p. 333. 

m ac i 4 - 4 nn - XI t IT 7 47 - Hist - ni. 82. Dion Cass. LX VI. 10. Vo pise. Aurel. 49. 

1- Tacit. Ann. XI. 32. 37. Juv. S. X. 334. Plut. Lucull. 39. 


TOPOGRAPHY OF ROME. 


39 


vicinity of the Palatine and the Aventine, for the purpose of describing the flat 
between the hills and the river. But our attention is first claimed by the 

CIRCUS MAXIMUS. 

We have already stated that the hollow between the Palatine and the Aventine 
was called Vcillis Murcia , 1 or Ad Murciae , or Ad Murcim , names derived 
from an altar of the goddess Murcia , who is represented as identical with Venus. 
In this hollow the Circus Maximus was fonned, the construction and arrange¬ 
ment of which we shall describe more particularly hereafter. Within the Circus 
was the subterranean altar of Consus , the god of secret counsel, which was 
uncovered only during the celebration of the games; 2 and in the immediate 
vicinity of the Circus were temples—of Sol 3 —of Mercurius 4 —of Ceres , Liber 
and Libera , generally called simply Aedes Cereris 5 —of Venus 6 —of Flora 7 
—of Summanus 8 —and of Juventas. 9 

FORUM BOARIUM. 

The open space extending from the Circus to the river was the Forum Boarium 
or cattle-market, in which was appropriately placed the famous bronze ox, 
brought from Aegina. 10 Immediately in front of the Circus was the Ara 
Maxima , sacred to Hercules, said to have been reared either by the hero himself, 
or by Evander, in honour of his illustrious guest, 1 11 and adjoining to it a shrine 
dedicated to the same deity. 12 In addition to this, there were other temples of 
Hercules in this neighbourhood, especially one of a circular form— Aedes rotunda 
Llerculis , 13 adjacent to which was a chapel of Pudicitia Patricia. 14 In the 
Forum Boarium were also temples of Fortuna Virilis 15 and of Mater Matuta , 16 
both of great antiquity; and near the point where the Cloaca Maxima opened 
upon the river was the place called Doliola , so named, we are told, because, at 
the period when Rome was taken by the Gauls, certain holy objects were buried 
here in earthen jars, (condita in doliolis ,) and hence it was considered impious 
for any one to spit upon the spot. 17 Lastly, the Forum Boarium was the place 
where, down to a late period, human sacrifices were occasionally offered up. 18 

Aequimeliuiu. Vicus .Ingarins). Vicus Tnscus. Velabruaia.—Adjoining 
the Forum Boarium, towards the Capitoline, was the open area called Aequi- 
melium , the two great thoroughfares called the Vicus Jugarius and the Vicus 
Tuscus , and the district called the Velabrum. 

The Aequimelium lay immediately under the Capitoline. The origin of the 

1 Serv. ad Virg. Mx\. VIII. 636. Varro L.L. V. § 154. Liv. I. 33. Plin. H.N. XV. 29. 
Claud. Cons. Stil. II. 404. 

2 Varro L.L. VI. § 20. Tacit. Ann. XII. 21. Plut. Rom. 14. Serv. ad Virg. iEn. VIII. 63G. 

3 Tacit. Ann. XV. 74. 

4 Liv. II. 21. Ovid. Fast. V. 669. 

5 Tacit. Ann. II. 49. Vitruv. III. 3. Plin. H.N. XXXV. 12. 

6 Liv. X. 31. XXIX. 37. 

7 Tacit. Ann. II. 49. 

8 Liv. XXXII. 29. Ovid. Fast. VI. 731. Plin. H.N. XXIX. 4. 

9 Liv. XXXVI. 36. XXI. 62. Plin. H.N. XXIX. 4. 

10 Varro L.L. V. § 146. Liv. XXI. 62. Propert. IV. ix. 19. Tacit. Ann. XII. 24. Plin. 
H.N- XXXIV. 2. 

11 Liv. L 7. Propert. IV. ix. 67. Ovid. Fast. I 581. Serv. ad Virg. iEn. VIII. 271. 

12 Tacit. Ann. XV. 41. Plin. H.N. X. 29. XXXIV. 7. XXXV. 4 

13 Liv. X. 23. 

14 Liv. l.c. 

15 Dionys. IV. 27. 

16 Liv. V. 19. XXXIII. 27. Ovid. Fast. VI. 479. 

17 Liv. V. 40. another account in Varro L.L. V. § 156. 

18 Liv. XXII. 57. Plut. Marcell. 3. Q.R. 83. Plin. H.N. XXVI. 2. Dion Cass, fragm. 
Vales. 12. 


40 


TOPOGRAPHY OF ROME 


name cannot be determined. The Romans themselves imagined that it marked 
the site of the house of Sp. Melius, which was razed to the ground B.C. 439. 1 

The Vic us Jugarius , so named from an altar of Juno Juga 2 or matrimonial 
Juno, ran from the Porta Carmentalis to the Forum , which it entered at the 
Basilica Julia and Lacus Servilius. 

The Vicus Tuscus was named from the Tuscans, who, under their leader, 
Coelius Vibenna, at first formed a settlement on the Mons Coelius, and afterwards 
established themselves in the plain below. 3 It ran between the Capitoline and 
the Palatine, connecting the Forum, which it entered between the Basilica Julia 
and the temple of Castor, with the Circus Maximus. 4 

The space between the Vicus Tuscus and the Forum Boarium was the 
Velabrum , which the Romans derived from Velum , because it was originally a 
swampy lake, over which boats sailed ; 6 but having been drained by the Cloaca 
Maxima and its branches, became one of the chief marts for provisions of every 



iifl Van* 0 L.L. V. § 157 . Liv. IV. 16. XXXVIII. 28. Orat. pro dom. 38. Val. Mas. VI. 
2 Paul. Diac. s.v. Iugarius vicus, p. 104. 

4 Dimiys V s! § 45 ' TaCit Ann - IV ’ 65 - Pr0pert IV - iL 4£) - 
RoJT° L ' L - V - § 44 ‘ TibulL IL V ‘ 33 ‘ 0vid ‘ Fast ‘ 401- Propert. IV. ix. 5. Plut. 




















TOPOGRAPHY OF ROME. 41 



kind. 1 The boundary line between the Velabrum and the Forum Boarium 
seems to be marked by two monuments still extant, the one termed Arcus 
Argentarius , because the inscription sets forth that it was erected in honour of 
Septimius Severus, his empress Julia, and his sons, by the Argentarii et 
negotiantes boarh Huius loci ; 2 the other a massive double archway of 
Greek marble, commonly known as Janus Quadrifrons. The former is repre¬ 
sented on the preceding page, the latter is figured above; and it will be at once 



Plaut. CapL III. i. 29. Hor. S. II. iii. 229. and scliol. 2 Jrell. C. I. No. 91. 














































































42 


TOPOGRAPHY OF ROME 


Th? f T er > an ar ? h in na ™ e onl ^ the °P enin £ being rectangular. 
The whole structure is covered over with bas reliefs representing the details of 
an ancient sacrifice. ° U1 

Between the Janus and the river are two temples in good preservation • both 

Sit ing “Jr !n their £ e8ent State > belon g in g t0 an epoch earlier 
than the second or third century. One of these is circular, and hence has 

been named Aedes Vestae , the other is rectangular, and has been stvled by 
antiquarians Templum Fortunae Virilis; but there is not sufficient evidence to 
establish the accuracy of either title. They are now employed as Christian 
churches, the former being dedicated to S. Stefano delle Carozze and S Maria 
del Sole, the latter to S. Maria Egiziaca. The former is accurately represented 
at the bottom of the preceding page, the latter below. ^ 1 



We now pass beyond the limit of the Servian walls to consider the 


CAMPUS MARTIUS. 

Campus Martins —We have hitherto employed this name to designate the 
whole of the meadow land bounded by the Tiber on one side, and on the other 
by the Corns Hortulorum, the Quirinal and the Capitoline; the northern and 
southern extremities being marked by the points where the first and the last of 
these lulls approach within a short distance of the river. But the Campus 
Martius , strictly speaking, was that portion only of the flat ground which lies 
m the angle formed by the bend of the stream; the larger space contained, in 
addition to the Campus Martius proper, two of the Augustan regions, the seventh, 
called the Via Lata, and the ninth, called the Circus Flaminius. We shall 
consider each of these three divisions separately; but we must premise that the 
investigations of modern topographers have been much embarrassed by the 






























































































TOPOGRAPHY OF ROME. 


43 


circumstance, that the ground in question is almost entirely covered by the 
complicated maze of streets which form the modern city, while the seven hills 
and other important localities of republican Rome are to a great extent clear and 
open for examination. 

I. Via Lata.—This region derived its name from a broad road which ran 
in a straight line from the north-east corner of the Capitoline to the point where 
the Collis Hortulorum approached most nearly to the river, and where the Porta 
Flaminia of the Aurelian w r all was placed. After passing this point, the Via 
Lata became the Via Flaminia , the great highway to the north. The Via Lata 
is now represented by one of the principal streets of the modern city—the Strada del 
Corso. The region of the Via Lata was the level space bounded on one side by the 
road, and on the other by the slopes of the Collis Hortulorum, and of the Quirinal. 

In this space we must look for the Campus Agrippae , in which was the 
Porticus Polae, 1 named after the sister of Agrippa, but known also as the 
Porticus Vipsania, 2 and as the Porticus Europae , 3 the latter name being 
derived from the subject of the pictures with which it was decorated. The 
Campus Agrippae was the site chosen by Aurelian for his magnificent Templum 
Solis; and in this or some other portion of the Via Lata, were the triumphal 
arches of Claudius and M. Aurelius, remains of which existed as late as the 
middle of the sixteenth century, 

II. Circus Flaminius.— The southern portion of the meadow between the Via 
Lata and the liver, that part, namely, which was nearest to the Capitoline, was 
known as the Campus Flaminius or Praia Flaminia ; 4 and here, immediately 
under the Arx, C. Flaminius, who fell at the battle of the Thrasymene lake, 
formed the Circus Flaminius , which gave its name to the ninth Augustan 
region . 5 Buildings were erected in this quarter at a very early period, and 
before the death of Augustus, a vast number of most important edifices were 
here clustered together. Immediately outside of the Servian wall, at the south¬ 
west angle of the Capitoline, in front of the Porta Carmentalis, was the Forum 
Olitorium 6 or vegetable market, in and around which were several temples— 
that of Apollo , vowed in B.C. 433, on account of a pestilence, and dedicated 
B.C. 431, by the consul C. Julius Mento, being the only temple to that God in 
Rome before the time of Augustus 7 —that of Spes, erected by M. Atilius Cala- 
tinus, in the first Punic war, destroyed by fire in the second Punic war, rebuilt, 
again destroyed in B.C. 31, and again restored by Germanicus 8 —that of Juno 
Sospita , (or perhaps Juno Mcituta ,) vowed by C. Cornelius Cethegus, in the 
battle against the Insubres, B.C. 197, and dedicated B.C. 196 9 —that of Pietas , 
vowed by Mb Acilius Glabrio at the battle of Thermopylae, B.C. 191, and 
dedicated ten years afterwards by his son: reared upon the spot where, ac¬ 
cording to the legend, the woman had dwelt who saved her imprisoned father 
from starvation by her own milk 10 —and that of Bellona , in which the Senate 
generally assembled when circumstances rendered it necessary for them to meet 
outside the pomoerium, as, for example, when they gave audience to the 

1 Dion Cass. LV. 8. 

2 Tacit. H. I. 31. Plut. Galb. 25. 

3 Martial. IL xiv. 3. III. xx. 11. VII. xxxii. 11. 

4 Liv. III. 54. 63. Varro L.L. V. § 154. 

5 Paul. Diac. s.v. Flaminius , p. 89. Liv. Epit. XX. Varro L.L. V. § 154. Strabo. V. 3. «8. 

6 Varro L.L. V. § 146. 

7 Liv. IV. 25. 29. XXXIV. 43. XXXVII. 58. XLI. 17. Ascon. ad Cic. Orat. in tog. cand. 

8 Liv. XXI. 62. XXIV. 47. XXV. 7. Cic. de N.D. II. 23. de. legg. II. 11. Tacit. Ann. II. 49. 

9 Liv XXXII. 30. XXXIV. 53. 

10 Fest. s.v. Pietati, p. 209. Val. Max. II. v. 1. Liv. XL. 34. Plin. H.N. VII. 36. 


44 


TOPOGRAPHY OF ROME. 


ambassadors of a state with which the Roman people were at war, or to a 
general who had not laid down his military command. * The temple of Apollo, 
mentioned above, was occasionally employed for the same purpose. Behind this 
temple was a small open space where stood the Columna Bellica , from whence, 
when war was declared against an enemy beyond the sea, the Roman Fecialis 
hurled a spear into the plot of ground called Ager Hostilis, which represented 
the arairtiy of the foe. 2 In addition to the above, this quarter contained the 
Aedes Hercuhs Musarum, built by M. Fulvius Xobilior, about B.C. 186, 3 and 
rebuilt by L. Marcius Philippus, the stepfather of Augustus, 4 who attached the 
colonnade called Porticus Philippi 5 —the temple of Hercules Gustos 6 —of 
Xhana and Juno Regina , dedicated by M. Aemilius Lepidus when censor, B.C. 

Fortuna Equestris vowed by Q. Fulvius Flaccus, in a battle against 
the Celtiben, B.C 180 8 -of Mars *-of Neptunus, called the Delubrum Cn. 
Domita 10 — and of Castor and Pollux . 11 

Borne— 6 regi ° n ° f the CirCUS Elaminius ’ also ’ were tlie tliree & rea t theatres of 

m-g [ 1 ^ ie f trurn Pompeii, built by Pompeius Magnus upon his return from the 
Mithridatic war, to which were attached a spacious colonnade, the Porticus 
Pompeii, where the spectators might find refuge from a sudden storm, and a 

Sw P r ye o aS a P ace of ' meetin g f° r the Senate, the Curia Pompeii, in 
mS i C ^ Sa o WaS ™ Urdered ' 13 In the immediate vicinity of this theatre, 
Pompeius who had previously lived in the Carinae, built a residence for him¬ 
self and laid out gardens. Adjoining the theatre was a colonnade, built by 
Augustus, decorated with representations of fourteen different nations, and hence 

SSdtabK rf and here ’ t00 ’ was the triumphal ardl erected ** 

o’ r Eieatrum Balbi, built by L. Cornelius Balbus. 16 

the Fn™ nrf ¥ arcdli \ h ' Al } hy Augustus in honour of his nephew, close to 
e Forum Ohtonum, on the site of the temple of Pietas, noticed above 17 A 

great part of ths theatre was destroyed by a conflagration during the reign 

1*0 +i U p- but c ° nsiderable remains of the semicircular outer wall are still visible 

“r 5 Piazza Montanara j as may be seen from the representation on the next 
page. 

pfl nally V wem ? notice in this region the Porticus Octavia, otherwise called 
orticus Connthia, erected by Cn. Octavius, who was consul B.C 165 in 
honour of Ins naval triumph over Perseus. 18 This structure must be carefully 

98 1 ^ iV i X- ^ a - J X ? VI11 38 ' XXXI 47. XXXIII. 22 XXXVI 39 XXXIX 99 XT T fi xttt 
2 VI 203 - Fest - s -v senacula, p. 347. Plin H N XXXV 1 XLIX * 

l &o d pro a lJh L if „1 Thn D1 “ - v &iYp 8 33. 

Macrob. 8. I. 12 Serv ad Virg vEn 1^7' °* Plut ' Q R ‘ 59 ‘ Eumen ‘ pro inst. schol. Aug. 

4 Ovid. Fast. VI. 798. Suet. Oct. 29. ’ 

« Martial. V. 49. 

6 Ovid. Fast VI. 209. 

7 Liv. XL. 52. Jul Obs. 75. 

0riin.R'axxxvVs la Taclt - Anam - n - 
HV, i ;„ 1 v C I v Li 8l- XXVia "' 

42 Vitruv. V. 9. Ovid. A. A. I 67. 

XXX ^I 5. Serv. ad Virg. AJn VIII 721 

“ran H.Nfvn.'as 0 ' 0 ’ 1 Cass - LIV ' 25 

18 Velleius II. 1. Pli„. H.N. XXXIV. 3. Fest. s.v. Oclauaeportion,, p. 178. 


TOPOGRAPHY OF ROME 


45 



distinguished from the Portions Octaviae , with its Bibliotheca , Schola and 
Curia attached, all comprehended under the general title Octaviae Opera. 
The latter was built close to the theatre of Marcellus by Augustus, in honour 
of his sister. 1 . It occupied the site of the earlier Porticus Metelli , built by 



1 Dion Cass. XLIX. 43. Plut. Marc. 30. Plin. II. N. XXXV. 10. XXXVI. 5. Suet de ill. 
gramm. 21. 































































































































































46 


TOPOGRAPHY OF ROME. 


Metellus Macedonicus, (consul B.C. 143,) after his triumph, and included 
within its circuit temples of Jupiter Stator and of Juno. 1 The remains of the 
Portions Octaviae , as they now exist, forming one side of the Piazza di Pes- 
cheria, the modern fish-market, are figured in the annexed cut. 

HI; Campus Martins, (in a restricted sense,)—To the north of the Prata 
1 lammia, and occupying the space formed by the angular bend of the stream, 
was the Campus Martins proper, frequently called simply Campus. According 
to the narrative of Livy, - it was the property of the Tarquins, (ager Tarquini- 
oi U} v) an d, upon their expulsion, was confiscated, and then consecrated to Mars; 
but Dionysius asserts" that it had been previously set apart to the god, and 
sacrilegiously appropriated by the tyrant. This story agrees well with the 
statement of Livy, that it was thought impious to make use of the crop which 
|' rowin g upon jt at the time when the Tarquins were driven forth, and that 
leietore quia religiosum erat consumere —the corn when reaped was cast into 
the river, and formed the nucleus of the Insula Tiberina. 

Dm'ing the republic the Campus Martius was employed specially for two 
purposes. (1.) As a place for holding the constitutional assemblies, ( comitia ,) 
especially the Comitia Centuriata , and also for ordinary public meetings, 

( conciones .) (2.) For gymnastic and warlike sports. For seven centuries it 

remained almost entirely open, and although subsequently built upon to a certain 
extent, there was still ample space left for exercise and recreation. In the 
Donutia, the citizens, when their votes were taken, passed into enclosures termed 
bepta or Omlia, which were, for a long period, temporary wooden erections; 
but Julius Caesar formed a plan for constructing marble Septa, which were to 
be surrounded by a lofty portico, with spacious apartments, the whole ex¬ 
tending to nearly a mile in circumference. 5 This great work, which was only 
commenced by the dictator, was prosecuted by Lepidus, was completed and 
dedicated by Agnppa, and termed Septa Julia or Septa Agrippiana. 6 By 
Agrippa, also, was commenced a vast edifice, the Diribitorium, which was 
finished and dedicated by Augustus about B.C. 8. It must have been in the 
immediate neighbourhood of the Septa, since it was intended, as the name 
implies, as an office for distributing and counting the balloting tickets. 7 Close 
to the Septa stood the Villa Publica , a building employed by the censors when 

numbering the people, by the consuls when 
holding levees, and by the Senate when 
receiving foreign ambassadors. We hear qf 
its existence as early as B.C. 437, and it 
was rebuilt, or intended to be rebuilt, upon 
a magnificent scale in connection with the 
Septa Julia. 8 A representation of this edifice 
T +1 n , is found on a denarius of the Gens Didia. 

In the Campus Martius, also, Agri ppa , in his third consulship, B.C. 27, erected 
a magnificent temple, with public Thermae attached, dedicated to Mars, Yenus, 
Juhus Caesar, and all the other deities of the Julian line, and hence named the 

1 Velleius I. 11. Plin. H.N. XXXVI 5 

2 Liv. II. 5. 

3 Dionys. V. 13. Aul. Gell. VI. 7. 

5 S a ;d F S. I iy 3 ]6 Serv - ad Vir8 - EcL "• 34 - Juv - s - VI - 629 - 

6 Dion Cass. LIII. 23. Lamprid. Alex. Sev. 26. 

7 Dion Cass. LV. 8. Suet. Claud. 18. Plin. H N. XVI 40 

Ill^C^ad^iv.lk VM XI Max.1k X iS IV ' “ ^ LXXXVIII ‘ 



Varro R. R 

















TOPOGRAPHY OF ROME. 


47 



PantheonA Although repeatedly damaged, it was always carefully repaired 
and exists almost entire at the present day, as the church of S. Maria ad 
Martyres. The belfries, however, placed at the two comers, as represented in 


the. annexed cut, are modem additions. Lastly, among the great works with 
which Agrippa embellished this district, we may notice the Posidonium , other¬ 
wise called the Basilica Neptuni or Portions Argonautarum , from the pictures 
with which it was ornamented. 1 2 The first name would lead us to believe that it 
was a temple of Neptune ; but we have no distinct information regarding it. In 
order to leave the Campus open, as far as possible, the greater number of the 
structures which we have enumerated, were grouped together at the end nearest 
the Prata Elaminia and the north side of the Capitoline. Hence, in the great 
fire which took place in this quarter during the reign of Titus, we find the 
following buildings named among those which were altogether destroyed or 
seriously injured— Serapeum — Iseum — Septa— Templum Neptuni—Thermae 
of Agrippa— Pantheum — Diribitorium—Theatrum Balbi—Scena Pompeii— 
Portions Octaviae , (’0 ktoiovlcx, oW/j^otrco,) with the library; and the temple 
of Capitoline Jove, with the adjoining shrines. 3 

The only other building of great magnitude in the Campus Martius, belonging 
to the early empire, was the Mausoleum Augusti , the shell of which still remains 
near the Porta Flaminia, and is employed as a theatre. 4 A little to the south 
of this stood the great obelisk, (now on the Monte Citorio,) which was intended 
by Augustus to serve as the gigantic gnonom of a dial; 5 and opposite to this 
obelisk, on the banks of the river, we must place the Navalia or public dockyard. 

1 Dion Cass. LIII. 27. Plin. H.N. XXXYI. 15. Ammian. Marcell. XVI. 10. Macrob. 
S. II. 13. 

2 Dion Cass. LIII. 27. Martial. II. 14. III. 20. XI. 1. Spartian. Hadrian. 19. 

3 Dion Cass. LXVI. 24. 

4 Suet. Octav'. 100. Strab. V. 3. § 8. 

5 Plin. H.N. XXXVI. 10. 























































48 


TOPOGRAPHY OF ROME. 


Some spots hallowed by sacred association were scattered up and down. 
Among these was the Palus Capreae (or Caprae ,) where Romulus was believed 
to have vanished from the sight of men 1 —the Petronia Aqua , a little stream 
flowing from the Cati fons , which the magistrates crossed “ auspicato ” when 
they transacted business in the Campus 2 — Terentum or Tarentum , a place on 
the river bank, near the northern extremity of the plain, where was a subter¬ 
ranean altar to Dis and Proserpina, uncovered only on the celebration of the 
Ludi Saeculares 3 —an Ara Martis , 4 and perhaps a temple to the same deity 5 
—the Aedes Larum Permarinum , vowed by L. Aemilius Regillus in the naval 
fi ght against the captains of Antiochus B.C. 190, and dedicated by M. Aemilius 
Lepidus when censor, B.C. 179 6 —and a temple of Juturna, built by Q. Lutatius 
Catulus . 7 

In the fourth consulship of Caesar, (B.C. 45,) Statilius Taurus erected in the 
Campus the first stone amphitheatre 5 but the site is altogether unknown. 8 

Among those monuments of the empire which do not properly fall within 
our present work, we may notice one which is still entire, the Columna Antoni- 
niaua , built in imitation of the Columna Traiana , and representing the victories 
of M. Aurelius over the Marcomanni. It must not be confounded with the 
column raised in memory of Antoninus Pius, which was a plain pillar of red 
gianite on a white marble pedestal. The base of this alone remains, and has 
been removed from its original site in the Campus Martius, near the pillar of M. 
Aurelius, to the papal garden in the Vatican. 

Finally, the modern Piazza Navoria , which lies about half-way between the 
lIoiso and the western extremity of the angle made by the river, is supposed, 
bom its foim, to have been built upon the boundary line of an ancient circus; 
and modem antiquaries have imagined that the name Navona is a corruption of 
Agonalis. V e are quite destitute of sure information with regard to it; but there 
was probably a stadium here in connection with the Thermae Alexandrinae , 
which stood in this neighbourhood. 

Insula Tiberina—We have already stated in what manner the Romans 
believed this island, sometimes called Inter duos pontes , to have been formed. 9 
It was at all times looked upon as holy, and appropriated to sacred buildings. 

I lie first temple erected was that of AEsculapius , whose statue was brouo-ht to 
, c ' m Epidaurus in B.C. 291, in consequence of a pestilence which had 

afflicted the city there was also a temple of Jupiter , dedicated B C. 194 11 _ 

of Faunus, dedicated B.C. 196 12 -of Semo Sancus , otherwise called Deus 
Fidius -and of the god Tiberinus. 14 In the middle ages this island was 
named Insula Lycaoma, and is now known as the Isola di S. Bartolomeo 
trom a church dedicated to that saint. 


s.v. ^Cupralia, P p 65 .^ Fa st. H. 4!H. Plut. Koiii. 27. Aur. Viet, de viris ill 2. Paul Diae. 

» Ovid- VJTtSfr Va'lMaxH 1 Fit ^ «"*>“• »• «• 

4 Liv. XL. 45. ' * * 

I Dion Cass. LVI. 24. Ovid. Fast. II. 860. 

6 Liv. XL. 52. Macrob. S. I. 10. 

« Sf id, jf ast - 1-463. Serv. ad Virg. ^En. XII. 139. 

« Dion Cass. LI. 23. Suet. Octav 29 

Y: la Plu t- Popl. 8. Macrob. S. II 12. 

XXIXM. P ° Vld * Met XV ‘ m Fast - L 2yh VaL Max. I. viii. 2 . Plin. H.N. 

II Liv. XXXIV. 54. 

12 Liv. XXXIII. 42. Ovid. Fast II. 193 

13 Justin. Mart. Apol. 2. Euseb. H. E. II 12 

14 Fast. Amitern. VI. Id. Dec. 


TOPOGRAPHY OF ROME. 


49 


Janiculum. —Although the Janiculum was not included within the limits of 
the city, yet, since the ridge, which rises to the height of nearly 300 feet above 
the sea, and 267 above the Tiber, would, to a great extent, command the city, 
the expediency, and indeed the necessity, of fortifying it, must at a very early 
period have been forced upon the attention of the Romans. Accordingly, both 
Livy and Dionysius agree in asserting that, in the time of Ancus, a military fort 
was established on its summit, a double wall running down to the Tiber, and a 
communication being secured by means of a wooden bridge. 

. Opposite to the Forum Boarium a considerable space extends between the 
nver and the steep slope of the hill; this must have been built upon to a con¬ 
siderable extent before the end of the republic, since it formed the Reqio 
1 ranstiberina , the fourteenth of the Augustan divisions. It seems to have been 
inhabited by persons of the humblest grade, among whom we find particular 
reference to tanners, Jews, and fishermen . 1 By the latter, doubtless, the 
Rise atom Ludi were here celebrated. We hear of no sacred localities except a 
temple of Fors For tuna, 2 a Lucus Furinae , 3 and the Arae Fontis , near which 
was the grave of Numa. 4 

Beyond the. Tiber, but higher up the stream than the Regio Transtiberina, 
were the Mucia Prata , bestowed on C. Mucius “ virtutis causa” 6 —the Maior 
Codeta , a marshy meadow, so called from the plant with which it abounded, the 
Minor Codeta being in the Campus Martius 6 —the Horti Caesar is, bequeathed 
by the dictator to the Roman people 7 —the artificial lake (stagnum navale ) in 
which Augustus exhibited his mock sea-fight ( naumacMa ) 8 —and the Nemus 
Caesarum, named from Caius and Lucius. 9 
lTlons Vatican!!*.— The Vatican hill, which the Basilica of St. Peter and the 
Palace of the Pope have rendered the most remarkable quarter of the modern 
city, was in no way connected with ancient Rome until included within the walls 
of Aurelian ; nor does it seein to have been built upon extensively until the decline 
of the empire, the insalubrity of the air being notorious, 10 and the soil not remark¬ 
able for fertility. 11 It was like the Collis Hortulorum, chiefly laid out in gardens, 
among which the most remarkable were the Horti Agrippinae and the Horti 
Domitiae, . both being united to form the Horti Neronis. 12 Hadrian was 
entombed in the gardens of Domitia in the immense mausoleum constructed by 
himself, which is now fortified, and forms a sort of citadel, under the name of 
Gastello di S. Angelo 13 —a view of which is on next page. 

Before concluding our sketch of Roman topography, we must say a few words 
upon three topics intimately connected with the subject. 

1. The bridges ( pontes ) by which a communication was established with the 
right bank of the Tiber. 


1 Fest. s.v. Piscatorii ludi , p. 210. 238. Ovid. Fast. VI. 237. Juv. S. XIV. 202. Martial. L 
42. VI. 93. 

2 Varro L.L. VI. § 17. Liv. X. 46. Donat, ad Terent. Phorm. V. vi. 1. 

3 Plut. C. Gracch. 17. Aur. Viet, de viris ill. 65. 

4 Dionys. II. 76. Plut. Num. 22. Cic. de legg. II. 22. 

6 Liv. IL 13. Dionys. V. 35. 

6 Paul. Diac. s.v. Codeta, p. 58. Suet. 

7 Cic. Philipp. II. 42. Suet. Caes. 83. 

8 Monum. Ancyr. Stat. Silv. IV. iv. 

XII. 56.) who says, “ cis Tiberim.” 

9 Monum. Ancyr. Suet. Octav. 43. comp. Tacit. Ann. XIV. 15. Dion Cass. LXI. 20. 
LXVI. 25. 

10 Tacit. Hist. II. 93. 

11 Cic. de leg. agr. II. 35. Martial. VI. 92. X. 45. 

12 Tacit. Ann. XV. 39. 

13 Capitolin. Ant. P. 5. Spartian. Hadrian. 19. Dion 
I. 22. 

E 


Caes. 39. Dion Cass. XLIII. 23. 

Dion Cass. XLIV. 35. Hor. S. I. ix. 18. 

5. which seem to be contradicted by Tacitus (Ann. 


Cass. LXIX. 23. Procop. B. G. 


50 


TOPOGRAPHY OF ROME. 



Ko'meln iSnt&Snf”® S ' which branched off fro, 

The aqueducts ductus) by which the city was supplied with wate: 

BRIDGES. 

than the name,'TnTporitTons ofXdiferSwis “ft 1 ™ 3 “ greater obscnr i‘ 

the V howevei 

the Pons Sublicius, built, as we are assmwf b 1 “ d i he most ceI ebrated wa 
hshed a fortified post on the Janiculum “ ft ?° US a tius when he estab- 
of timber; and both in the original stnmtnr/ ^ . foi ™ ed > as the name implies 
t.me to time replaced, not onlyThe f^e-worrbut^lfT b , y r hicl1 was from 
fastenings of every description, wer^Tade of „„ „/ U ^ - boIls * brings, and 

" , ““ d • i *v •“— 

tl.iv. I. 33. Dionys.ui, 45. IX. 68. Plat. Num, 9 . 

























TOPOGRAPHY OF ROME. 


51 


observances, and the very term Pontifex was believed by the Romans to have 
been derived from the duties of superintendence imposed upon the highest class 
of priests on such occasions. 1 That the Pons Sublicius not merely retained its 
primitive appellation, but was actually formed of wood in the first century of the 
empire is proved by the words of Pliny; 2 * and the name was still current in the 
reign ot Antoninus Pius.° The position of the bridge has given rise to much 
controversy; but when we remember the purpose for which it was, in the first 
instance, constructed, we can scarcely doubt that it abutted upon the Forum 
Boarium, and that it must have crossed the river not far from the broken arches 
now known as the Ponte Rotto. 

t 2. Pons Aemilius s. Pons T.epuii, commenced by the censors M. Fulvius 
Nobilior and M. Aemilius Lepidus, B.C. 179 ; but not completed until nearly 
forty years afterwards, in the censorship of P. Scipio Africanus and L. Mummius, 
B.C. 142. 4 It connected the harbour or 
quay under the Aventine with the opposite 
bank ; and in this part of the river, when 
the water is low, the foundations of a 
bridge are still distinctly visible. The 
representation of an equestrian statue, 
standing upon three arches with the legend 
M. Aemilio Lep., as seen on a denarius, 
ol which a cut is annexed, may perhaps be intended to commemorate this work. 

It must not be overlooked that, before the censorship of Aemilius Lepidus, 
as early as B.C. 194, Livy speaks of two bridges as already existing. 5 It has 
hence been conjectured that, while the Pons Sublicius was kept up on religious 
grounds, another bridge, made of stone, had been erected in the immediate 
vicinity to accommodate the increasing traffic, and that the arches now called 
Ponte Rotto mark the site of the second structure. This supposition will 
explain the words of Ovid, who distinctly speaks, not of a bridge, but of bridges 
in the Forum Boarium ; 6 and might also throw light upon an obscure expression 
of Servius, when he mentions the Pons Sublicius in connection with a Pons 
Lapideus. 7 

3. Pons Fabric ins. 4. Pons Cestius.—A stone bridge connecting the 
Prata Flaminia with the Insula, and corresponding to the modern Ponte Quattro 
Capi , was built, B.C. 62, 8 by L. Fabricius, who was at that time, as we learn 
from an inscription, inspector of public highways, ( curator viarum ,) and from 
him it received its name. 

The bridge which connected the island with the right bank, now Ponte S. 
Bartolomeo, is believed to be the Pons Cestius , of the Notitia and mediaeval 
writers. The inscription, still legible, designates it as Pons Gratianus , from a 
restoration by that emperor. 

To the Notitia we are indebted for the names of four other bridges. 

5. Poms Aelius, now Ponte S. Angelo , built by Hadrian 9 to connect his 
mausoleum with the Campus Martius. 

1 Varro L.L. V. § 83. Plut. 1 c. 

2 Plin. H.N. XXXVI. 15. comp. Tacit. Hist. L 86. Senec. de vit. beat. 25. 

S Capitolin. Antonin. 8. 

4 Liv. XL 51. Plut. Num. 9. 

5 Liv. XXXV. 21. 

6 Ovid. Fast. VI. 471. 

7 Serv. ad Virg. iEn. VIII. 646. 

8 Dion Cass. XXXVII. 45. Hor. S. II. iii. 36. 

9 Spartian. Hadrian. 19. 








52 


TOPOGRAPHY OF ROME 


6 . Pons Aurelius. —This bridge is believed to have occupied the position of 
the modern Ponte Sisto , and to have led directly to the Porta Aurelia on the 
Janiculum. In the middle ages it was called Pons Antoninus. 

7. Pons niilvius, now Ponte Molle , high up the river, beyond the circuit 
even of Aurelian’s walls. It is celebrated in history as the scene of the decisive 
victory gained by Constantine the Great over the usurper Maxentius. 

8 . Pons Probi.— The position of this bridge is unknown. 

There was a bridge which led over to the Vatican, built before the Pons 
Aurelius , and this was designated sometimes Pons Neronianus , sometimes 
Pons Vaticanus. 

With the exception of the Pons Sublicius , which is spoken of very often, and 
the Pons Fabricius , which is mentioned once by Horace and once by Dion 
Cassius, not one of the above bridges is named in any classical author. 

The cut placed below represents the Insula, with its two bridges in their 
present state. 





Although roads connecting Rome with the numerous cities of Tntinm k 

Sir fo“ e 0 s f s sito 

as? 

durable monuments of their greatness. Eadiating P from Eo ” £ a“«5£ 















































































TOFOGRAMY OF ROME 


53 


and extending on all sides, so as to keep pace with the rapid progress of the 
Homan conquests, they eventually reached to the most remote extremities of the 
empire, throwing out innumerable subsidiary branches, which served either to 
connect the great trunk lines, or to open up districts which would otherwise 
have proved inaccessible. Milestones ( milliario ) were erected regularly along 
then* whole course, marking the distance from the gate at which they issued 
from the metropolis; and when the space between the towns and villages was 
great, resting places or post-houses ( mansiones ) 1 were built at moderate 
distances, where travellers might repose; and under the empire relays of horses 
were kept here for the service of the public couriers. The extraordinary dura¬ 
bility which characterised these roads is proved by the fact, that portions of them 
still exist entire both in Italy and other countries, and are still available for 
ordinary purposes, although they have undergone no repair for many centuries. 
The technical phrases employed to express the making of a road are sternere 
viam or munire viam , and the origin of the latter expression will be distinctly 
understood when we explain the nature of the operations performed. 1 2 Two 
ditches were dug, marking the limits of the road upon each side, the breadth 
varying from 11 to 15 feet. The whole of the loose earth was then removed 
from the surface, and excavation was continued until the rock or solid subsoil 
were reached, or, when the ground was swampy, piles were driven to secure a 
firm foundation. Upon the unyielding surface thus obtained ( gremium ) were 
laid—1. A stratum of large stones ( statumen .) 2. A stratum, nine inches 
thick, of smaller stones cemented with lime (rudtis.) 3. A stratum, six inches 
thick, of still smaller stones, fragments of brick, pieces of broken pottery, and 
such like materials, this course also being bound together by cement, and the 
top made flat and smooth. 4. Lastly, on the top of all were laid large flat 
blocks of the hardest stone which could be procured, (. silex ,) irregular in shape, 
but fitted and adjusted to each other with the greatest nicety, so as to present a 
perfectly smooth surface without gaps or interstices. This mass of building, for as 
such it must be regarded, being in fact a strong wall, two and a-half or three feet 
thick, laid flat on the ground, was slightly raised in the centre so as to allow the 
water to run off. The elaborate process just described was employed for the great 
thoroughfares, the cross-roads and those on which the traffic was light having 
only the under course of large stones or the statumen , with a coating of gravel 
thrown over. Hence the distinction indicated in the classical writers by the 
phrases silice sternere and glarea sternere. 

Although a description of the Roman roads and the course which they followed, 
belongs properly to a work upon geography, we may here notice very briefly a 
few of the most important:— 

1. The Via Appia, the Queen of roads ( Regina Viarum ) as it is termed by 
Statius, was commenced by Appius Claudius Caecus when censor, B.C. 312. 
It issued from the Porta Capena and ran through Aricia, Tarracina, Fundi, and 
Formiae to Capua, from whence it was subsequently carried across the peninsula, 
by Beneventum and Tarentum, to Brundusium, being the great highway from 
Rome to Greece and the Eastern provinces. 

2. The Via Latina , issuing also from the Porta Capena, ran parallel to the 
former, but farther inland, and after passing through Ferentinum, Aquinum, 
Casinum, and Venafrum, joined the Via Appia at Beneventum. 

1 Sueton. Tit. 10. Plin. H.N. XII. 14. comp. VI. 23. 

2 For what follows see Vitruv. VII. 1. where he describes the construction of pavements, 
and Stat. S. IV. iii. on the Via Domitianu. 


54 


TOPOGRAPHY OF ROME. 


3. The Via Praenestina s. Gabina , issuing from the Porta Esquilina, ran 
straight through Gabu to Praeneste, and then joined the Yia Latina. 

+ The V l a Collatina , leading to Collatia, and the Via Tiburtina , leading 

to Tibur, must have both branched off from the Porta Esquilina. The latter, after 
reaching its destination, sent off a branch, the Via SuUacensis , to SuUaqueum , 
while the mam line was continued northward, under the name of the Via Valeria 
and passing through Corfinium, extended to Adria on the Upper Sea. 

n 7 - L 'r/ ia No fentana and the Via Salaria , diverged from the Porta 
o lina; the former, after passing through Momentum, fell into the latter, which, 
passing through Fidenae, ran north and east through the Sabine country, and 
passing Reate and Asculum, reached the Adriatic at Ancona. J 

8 . The Via Flamima^ which probably issued from the Porta Carmentalis, 
ran north, through Narnia, and sending out numerous branches to Ancona, 
Aiminium, and other important towns on the east coast, formed the main line of 
communication WithHither Gaul, and so with the provinces beyond the Alps. 

nfft I 10 ' P® ^y anchin g off from the Via Elaminia, and throwing 

off a, branch called the. Via Claudia , traversed central Etruria. 

warrl’ ^ *1? V ^ rm . foll ? wed the line of the coast on the Lower Sea, north- 

LgZ w shme ’ mi pass!ng through Ge " M - 

“ the 

AQUEDUCTS. 

Among all the wonderful undertakings of the Romans, none present more 
stnking evidence of their enterprise, energy, and skill, and of their indifference to 
toil and expense when any great public benefit was to be gained, than the works 
commenced at an early period and extended through many successive centuries 

nobs^Cn ?r ° Vld f an abimdant SU PP^ of P ure water f or all parts of the metro- 
pol s. Copious streams were conducted from great distances, in despite of the 

otodes presented by mountains, valleys, and low-lying level plains, sometinies 
, g alo "§ 111 ™ st subterranean tunnels, at other times supported upon lono- 
langes o ofty arches, the remains of which, stretching for miles in all directions 
may be still seen spanning the waste of the Campagna. The stupendous chaLter 

(H NlSnun f otf tifieS ft ^”he elder Phny 

>•„ • ' 1 ^]~9 uodsi V ms Migentius aestimaverit aquarum abundan- 

tiam m publico, bahneis, piscinis, domibus , euripis, hortis suburbans villis 
spatioque advementis exstructos arcus monte* wrfneeno n mUls ’> 
famtur nihil magis mirandum 

mnme sol aquam tangat 

aqua concipitur ) until it reached its destination Tn . + i S den , ( un <le 


TOPOGRAPHY OF ROME. 


55 


less than six inches in every hundred feet, ( solum rivi libramenta habeat fasti- 
giata ne minus in centenos pedes semipede ;) but the ancients do not seem to 
have adhered strictly to any rule upon this point, although the long circuitous 
sweeps by which the water was frequently conducted, proves that they were 
fully alive to the importance of making the fall moderate and equable. When 
circumstances permitted, the water, in its covered channel, was carried along the 
surface of the ground, resting on a base of masonry, ( substructionibus, ) when 
the inequalities of the surface were such as to render this impossible, it ran 
under ground, ( subterraneo rivof) when hills interposed, it flowed through them 
m tunnels, ( specu mersa—cuniculis per montem actis, ) which were ventilated 
by eyes or air holes ( lumina ) placed at intervals of 240 feet. If the tunnel 
(specus) was driven through solid rock, then the rock itself served as the channel, 
but if through earth or sand, it was lined with walls and arched over ( parietes 
cum camera in specu struantur. ) When valleys, or plains below the level, were 
to be crossed, the channel was supported on arches ( opere arcuato — arcua- 
tionibus—fornicibus structis. ) When the stream ( rivus ) was approaching its 
destination, or at some other convenient point in its course, it was, in many 
cases, allowed to enter large open ponds, ( contentae piscinaef) where it reposed, 
as it were, {quasi respirante rivorum cursu ,) and deposited the mud and other 
impurities by which it was contaminated. Hence, these receptacles {conceptelae) 
were termed piscinae, limariae. Issuing from this piscina, the stream continued 
its course as before, in a covered channel, and on reaching the highest level in 
that part of the city to which it was conducted, it was received into a great 
reservoir, called castellum or dividiculum , from which it was drawn off through 
pipes of lead ( jistulae plumbeae) or of earthen ware (tubi Jictiles') into a 
number of smaller castella in different districts, from which it was again drawn 
off ( erogabatur ) to supply cisterns of private houses, {castella privata s. do¬ 
mestical) the open tanks or basins in the streets, {lacusf) the spouting fountains, 
{salientesf) and public and private establishments of every description. 

Our chief information on the aqueducts which supplied Rome is derived from 
the treatise De Aquaeductibus Urbis Romae Libri II ., composed by Frontinus, 
who held the office of Curator Aquarum under Nerva, A.D. 97; and a few 
additional particulars may be gleaned from Pliny 1 and Vitruvius. 2 Of modern 
treatises, the most complete is that of Fabretti De Aquis et Aquaeductibus 
Veteris Romae , which will be found in the fourth volume of the Thesaurus of 
Graevius; and many curious and accurate details have been. collected in the 
Beschreibung der Stadt Rom, by Platner and Bunsen. 

_ Taking Frontinus as our guide, we shall say a few words with regard to the 
nine aqueducts which existed when he wrote, noticing them in chronological 
order. 

The necessity of obtaining a better supply of water for the city than could be 
procured from the Tiber or from wells, seems to have been first strongly felt about 
the middle of the fifth century, and accordingly the— 

1. Aqua Appia, was introduced {perducta est ) by Appius Claudius Caecus, 
when censor, B.C. 312. It was derived {concepta est ) from a point about 
three-fourths of a mile to the left of the Via Praenestina, between the seventh 
and eighth milestone from Rome. The length of the artificial channel, {ductusf) 
which ended at the Salinae near the Porta Trigemina , was a little more than 

1 Plin. H.N. XXXI. 3. 6. XXXVI. 15. 

2 Vitruv. de A. VIII. 6. 7. 


56 


TOPOGRAPHY OF ROME. 


eleven (Roman) miles, the whole being under ground, with the exception of 100 
yards at the termination, between the Porta Capena and the Clivus Publicius. 

2. Anio Vetus.— The scheme for introducing this supply from the river Anio 
was formed by M’. Curius Dentatus, who was censor along with L. Papirius 
Cursor, R.C. 272 ; and it was proposed to defray the cost from the spoils taken 
“nuTlSf Pyrrhus. The undertaking was not brought to a conclusion 
umn b.U 254; two commissioners having been appointed specially by the 
benate. The works commenced beyond Tibur, and the total length of the 
artificial channel was about forty-four miles, entirely under ground, with the 
exception of three-fourths of a mile on substructions. It entered the city near 
the Porta Esquilina. J 

. 3 • A< ? ua Mar 1 cia ’ introduced by Q. Marcius Rex, when praetor, B.C. 144, 
m accordance with a resolution of the Senate (Plin. H.N. XXXI 3 ) The works 
commenced at a point three miles to the right of the thirty-third milestone, on 
the Via Valeria ; and the total length of the channel was upwards of sixty- 
one miles, of which about half a-mile was on substructions, nearly seven miles 
(according to Pliny, nine miles) on arches, and the remainder unde? ground. It 
enteied the city near the Porta Esquilina at so high a level that it gave a supply 
to the summit of the Capitolme. Augustus, or rather Agrippa, formed a connection 
with another spring nearly a mile more distant, and this branch aqueduct was 
named Aqua Augusta. The Aqua Marcia was held to be the purest, the coldest 

PUny m (H N XXXVI Tsf r/*" 1 ™’ and ™ SUch ^ praises are c "rated by 
iiny (±i. in. AAAV 1 . 15) Clcinssima aquarum omnium in toto orbe , friaoris 

salubrdatisque palma praeconio Urbis, Marcia est; and so proud was the Gens 

M of their connection with this work, that a denarius of Q. Marcius Pliilippns 

presents upon one side a head of Ancus 

Martius, from whom the clan claimed 

descent, and on the other an equestrian 

statue standing on the arches of the 

aqueduct, with the letters AQVAM, as 

represented in the annexed cut. The 

Aqua Marcia supplied 130 castella, 700 

tanks, ( [lacus ,) and 105 spouting foun- 

tains (salientes.) 

Lot-imi? 1 V W eV he Cen ?° rS Cl !‘ Servilius Cae P i0 Cassius 

atone on’the Haiiht Xy, 

Frontin ePUla “ C01 | S!derably .° 1<lcr than the Aqua Marcia; but the authority of 
1 1 ontmus upon such a point is superior. ^ 

5. Aqua Julia, introduced by Agrippa, when aedile, B.C. 33, from a noint 
to the right of the twelfth milestone, on the Via Latina. The whole length of 

ns aqueduct was about fifteen and a-half miles. One mile and a-half on substrae 

turns, six and a-half on arches, the remainder under ground. The Aqua Marcia 

he Aqua Tepula, and the Aqua Julia, after issuing from their respective 

limariae , about six and a-half miles from Rome, entered the city upon the same 

arches, each however, m a separate channel, the Aqua Julia bein? uppermost th? 

qua Tepula in the middle, and the Aqua Marcia lowest; and traces of these 

Pfw C p nne s ' vere recentl 7 quite visible at the modern Porta Mag<nore the 
Povta Pt aenestma of the Aurelian circuit. * 

6 . Aqua Virgo, introduced by Agrippa, B.C. 19, for the supply of his 
Thermae, horn a swampy tract ([palustribus locis ) eight miles from Rome, 






TOPOGRAPHY OF ROME. 


57 


on the Via Collatina. The whole length of the aqueduct was about fourteen 
miles. It entered Rome on the side of the Pincian hill, and was conveyed upon 
arches into the Campus Martius. It is still available to a certain extent, and, 
under the name of the Aqua Virgine , supplies the beautiful and well known 
Fontana di Trevi and many other fountains of the modem city. 

7. Aqua Alsietina s. Augusta, on the right bank of the Tiber, introduced 
by Augustus, from the Lacus Alsietinus , six and a-half miles to the right of the 
fourteenth milestone on the Via Claudia. The whole length was twenty-two 
miles, the termination being under the Janiculum; but the water was so bad 
that it was used for gardens only, and for filling the artifical lakes in which 
naumacliiae were exhibited. The works are still partially in repair, and afford 
a supply to the inhabitants of the Trastevere, under the name of the Aqua Paola. 

8 . Aqua Claudia, introduced by Caligula and his successor, A.D. 38-52, 
from three very pure and abundant springs, named Caeruleus , Curtius , and 
Albudinus, a little to the left of the thirty-eighth milestone on the Via Subla- 
censis. The whole length was upwards of forty-six miles, of which thirty-six 
were under ground, and nine and a-half upon arches. This water was considered 
next in excellence to the Marcia ; and many antiquarians believe that the Aqua 
Felice , which supplies numerous fountains in the modem city, is part of the 
A qua Claudia. 

9. Anio Nothm, commenced, at the same time with the last mentioned, by 
Caligula, and completed by Claudius. The water was taken off from the Anio 
(excipitur ex jlumine ) at a point near the forty-second milestone on the Via 
Sublacensis; and the total length was fifty-eight and a-half miles, of which 
forty-nine were under ground. As it approached the city, it was carried upon 
arches for upwards of six miles. Frontinus calls this the largest of all the aque¬ 
ducts, although he had before set down the Aqua Marcia at upwards of sixty-one 
miles; but it must be evident to the most cursory reader that the numbers in 
many parts of his treatise are in confusion. 

The Aqua Claudia and the Anio Novus , after issuing from their piscinae 
limariae , entered the city upon the same arches, the latter being uppermost; 
and remains of the works may still be traced near the modem Porta Maggiore , 
the Porta Praenestina of the Aurelian circuit. There is no doubt that these 
two aqueducts were the grandest and most costly works of their class. Three 
hundred millions of sesterces ( ter millies ) were, according to Pliny, expended 
on the former; and some of the arches over which the latter passed were 109 
feet high. 

Each of the streams brought by these nine aqueducts entered the city at a 
different level from the rest, ( aquae omnes diversa in Urbem libra proveniunt ,) 
in the following order, beginning with the highest:—1. Anio Novus. —2. Claudia. 
3. Julia. —4. Tepula .—5. Marcia. —6. Anio Vetus. —7. Virgo. — 8 . Appia. 
—9. Alsietina. Of these, the first six had piscinae limariae , all about six 
and a-half miles from Rome, in the direction of the Via Latina. The last three 
had none. The Anio Novus had two, the second being near the point where 
the artificial channel branched off from the river; but, notwithstanding thi 3 
precaution, its water was always turbid when the parent stream was in flood. 

The Anio Novus and the Claudia were so elevated that they afforded a supply 
to the highest parts of the city. On the other hand, it will be observed that the 
two oldest, the Appia and the Anio Vetus , were brought in at a low level, and 
the works were almost entirely under ground. This, as Frontinus suggests, was 
probably the result of design; for at the period when they were formed the 


58 


TOPOGRAPHY OF ROME. 


the names of the whole ^nnot ascertain with precision 

(see B. G. I. 19.) i. e . A.D. 550 tJ m USG when Proco P lus Nourished, 

works by which ra^es^f^tef^ brouo-hUnto tlT\ that ^ Wh °\° f 5 he 

zZ&sxsrJsi&t a sim >- fi 

introduced, as Aqua Sa AouaM^Tf 7 P< f 0n b ? whom »« 
from whence it was derived’ J 4 f, ’’ &c '’ ? r *V t,le nam e of the source 

from some legend connected with ^ history^ as AquaVirao^A ^ 
terms are employed to denote not onlvtbn wo ^l ^ a , y r f7°; Again, these 
by which it was conveyed so that A mm M ^ conve F ed ’ ^ ut also t,ie aqueduct 
Aqueduct, or the^Snymdhvfc a ““J mean either the M ^cian 
It may P erh4T«dtSll^„M^T m and s0 for a11 rest, 

vast amount oftoU and ZTv ™ i E< ”T S sI ? ouid have pended such a 
acquainted with the hydrostatinni low le c .? nstl llctI0 ? of aqueducts, although 
in close pipes, wffl rte T he leldS the I f ° Which ’ water ’ when ^eyed 
pipe proceeds. Pliny eoiTectly I mi,* .u™**"* °F . reservoir from which Ihe 

XXXI. cLidmJ^rZmi ^dZ’dtrih^ 0 ’ h f ^ (H ' N ' 

Castella to the different carts nftho C „ distributions from the main 

This is clearly ^ Up0n tWs P™ ci P la - 

express themselves when describing tl 1f » + 1 HC c authorities already quoted 
words of F ron turns, who ? d earth ^ware, by the 

were introduced at so high a level as to afford^ C< ! udla and the AmoNovus 
hills, by the existence of numerous Valient ' Upp -T to t ie to P s °P the isolated 
line in Horace (Epp I x 20 ) ^ SP ° Utmg fountaia s-and by the 

Purior in vicis aqua tendit rumpere plumbum. 

^ e have no reason to believe, however that nmr ownw, *. 

of ^imdern^emgineers^goer to* p’ovTthat^^^ ^^xpe^nce 

: h r.^ a b ±“ from atSSe^r 886 

inferior in solid grandeur to the hugevuultudri °f CaIlgtda and Cllmilills are 
tradition, either bv the elder Tarauinfw l! f drams constructed, according to 
off the water from the swamps ^£ “h"d’^Tr' f ° r ‘ he pi,r P ose <* drawing 
of the low grounds lying aZnd ti e bas of Ti a S ea :,fP read ^r thewholf 
known as the. ClJca Re main trunk, 

conveys water into the Tiber. It consists nf tbvl part entire, and still 

arches, the breadth of the innermost behm «hn , COa< ? e f ntnc vaalts or semicircular 
are formed of the volcanicsoneTllL thirteen and a-half feet. All 

feet long and three feet thick fitted toother wit^rb b ° Cks bemg five and a-half 
cement. The skill as well as labour with wdJl H f eat ^ accuracy, without 
is proved by the fact, that it has undergone nnnh™ C ° 0ssal fe bnc was executed 
dilapidation or decay, although more than 9000 f nd exhlblts no trace of 
it was completed. a t ian 2000 ? ears have Passed away since 


TOPOGRAPHY OF ROME. 


59 


A branch drain, running up in the direction of the Subura , tributary to the 
Cloaca Maxima, and formed upon the same gigantic scale, was discovered about 
the middle of the last century, sixty feet below the present surface. It is supposed 
to be the work of a somewhat later period, the stone employed being a kind of 
limestone, called travertino , which does not appear to have been used for 
building purposes until after the regal period. 1 

The only works of the regal epoch 
of which distinct traces still remain, are 
the Tullianum (p. 28,) the Cloaca, 
with the retaining wall along the bank 
of the river, and a few fragments of the 
wall of Servius. We have already 
given a representation of the first, and 
we subjoin a cut, showing the mouth 
of the Cloaca as it now appears, and 
another, taken from Sir William GelPs 
work on the Topography of Rome, 
exhibiting “one of the best and least 
doubtful specimens” of the Servian wall, under the church of S. Balbina, (p. 32,) 
in the direction of the Porta Capena. 




1 On the Cloaca Maxima and its branches, see Niebuhr’s Roman History, Vol. 1. p. 384, 
Engl. Trans, and his Lectures, Lecture IX. 
































CHAPTER II. 


ON THE ORIGIN OF THE ROMAN PEOPLE, AND THEIR POLITICAL 
AND SOCIAL ORGANIZATION, FROM THE EARLIEST TIMES. 1 2 


The Romans a Mixed People.— There is no point connected with the 
early history of Rome more certain than that the original inhabitants were a 
mixed people, formed by the combination of three distinct races— Latini , Sabini 
and Etrusci. While tradition ascribed the actual foundation of the city to a 
colony of Latins from Alba Longa, under Romulus, their speedy union with a 
body of Sabines, under Titus Tatius, was universally acknowledged. The same 
unanimity does not prevail regarding the introduction of Etruscans, who, ac¬ 
cording to one account, did not form a component part of the population until 
the migration of the fourth king, the elder Tarquinius, while others maintained 
that a settlement of Etruscans, upon the Coelian hill, lent their aid to Romulus 
in his contest with Tatius and the Sabines. Without pretending to unravel the 
confused web of ancient legends, it seems perfectly clear that the triple union 
must have taken place before the formation of the constitution usually ascribed 
to Romulus, since the divisions recognised by that constitution bear a distinct 
reference to the three elements. The words of Floras (III. 18.) express the fact 
clearly and accurately— Quippe quum populus llomcmus Etruscos , Latinos , 
Sabinosque miscuerit et unum ex omnibus sanguinem ducat , corpus fecit ex 
membris et ex omnibus unus est. 

Populus Roraanns. Quivitcs.— The appellation of the united people was 
Populus Romanus Quirites , or Populus Romanus Quiritium, 2 although, when 
no great formality was aimed at, the separate designations, Populus Romanus 
and Quirites , were used indifferently to comprehend the whole. The orio-in ot 
the latter term must be regarded as still involved in doubt. The ancients them¬ 
selves proposed two derivations, both of which pointed to the Sabines some 
regarding the word as another form of Curetes , i.e. inhabitants of the Sabine town 
of Cures, 3 others connecting it with Quiris, which, in the Sabine dialect signified 
a spear. The second etymology might have been considered as satisfactory, and 
we might have regarded Quirites as equivalent to warriors , had it not been that 
Quirites is used emphatically to denote Romans in the full enjoyment of their 


1 The speculations of modern scholars upon the early history and gradual development 
of the Roman constitution, will be found fully expounded in the following works:— Niebuhr 
History of Rome.— Nieruhr, Lectures upon Roman History, containing the substance of 
the first mentioned work in a more popular form — Arnold, History of Rome. — Gotti ivg 
Geschichte der Romischen Staatsverfassung— Rubino, Untersuchungen fiber Romisohe 
Verfassung und Geschichte.— Huschke, Die Yerfassung des Konigs Servius Tullus —Hull 
man, Romische Grundverfassung.— Wachsmuth, Die altere Geschichte^ des Romischen 
Staates. —Walther, Geschichte des Romischen Rechts. 

2 Aul. Gell. I. 12. X. 24. Macrob. S. I. 4. Liv. I. 24. 32. VIII. 6 9 X 28 vyti in 

XLI. 16. Varro L.L. VI. § 86. comp. Dionys. II. 46. Plut. Rom. 19. °‘ 

S LW. I, 13. Varro L.L. VL § OS. Plut. Rom. 19. 


ORIGINAL TRIBES—CURIAE —GEXTES—FAMILIAR. 


61 


civil rights as peaceful citizens; and hence Ciesar is said to have recalled his 
insubordinate soldiers to their duty by abruptly addressing them as Quirites 
instead of Milites. 1 We cannot fail to connect Quirites with Quiritis , an epithet 
of Juno, and with Quirinns , one of the titles of the god Janus, and the name 
under which Romulus was worshipped as a hero-god, nor to remark the verb 
Quiritare , which denotes the solemn appeal for assistance made by one citizen 
to another in the hour of danger— Quiritare dicitur is qui Quiritium Jidem 
clamans implorat . 2 

Original Tribes.—The united people was divided into three tribes, ( tribus,) 
which bore respectively the names—1. Ravines s. Ravinenses. 2. Tides s. 
Titienses s. Tatienses, 3. Luceres s. Lucerenses. The name of the first, 
according to the belief of the later Romans, was taken from Romulus , that of the 
second from Tatius, and that of the third was connected with the Etruscan word 
Lucumo , signifying lord or prince . 3 4 At the head of each tribe was a captain, 
called Tribunus , and the members of the same tribe were termed, in reference to 
each other Tributes.* 

Curiae.—Each tribe was subdivided into ten sections, called Curiae , each 
distinguished by a name, 5 * so that in all there were thirty Curiae. The members 
of each Curia were called, in reference to each other, Curiales ; 6 each had its 
own chapel—its own place of assembly, called Curia —its own priest, called 
Curio or Flamen Curialis , 7 who presided at the solemnities (sacra) peculiar to 
his Curia, and out of the thirty Curicnes one was seleoted who presided over the 
whole, under the title of Curio Maximus. 8 

Finally, if we can trust Dionysius, each Curia was subdivided into ten decades 
or Decuriae , each Decuria having its petty officer, termed Decurio. 9 

Cicntcs Familiac.—The organization described above was entirely political; 
but there were also social divisions of a very important character. The Tribes 
and Curies were made up of clans or houses, each of which was termed a Gens; 
the individuals composing each Gens being termed, in reference to each other 
Gentiles. Each Gens was made up of a certain number of branches or families, 
each of which was tenned a Familia , and each Familia was composed of indi¬ 
vidual members. There can be no reasonable doubt, notwithstanding the 
assertion of Niebuhr to the contrary 7 , that not only all the individual members 
of the same family, but likewise all the families of the same gens, referred their 
origin to a common ancestor, and hence all Gentiles were regarded as connected 
by blood more or less remotely. 

Pracnomcn. IVomen. Cognomen. Agnomen, &C. Gentiles all bore a 
common name, which indicated the Gens to which they belonged; to this was 
added a second name, to designate the family, and a third name was prefixed to 
the two others to distinguish the individual member of the family. According 
to this arrangement, the name which marked the individual, answering, in some 
respects, to our Christian name, stood first, and was termed Praenomen ; the 
name which marked the Gens stood second, and was termed Nomen; the name 
which marked the Familia stood third, and was termed Cognomen. 

1 Suet. Caes. 70. Plut. Caes. 51. 

55 Varro L.L. VI. § 68. see also Cic. ad Fam. X. 32. Liv. III. 44. 

3 Varro L.L. V. § 55. Liv. X. 6. Prop. IV. i. 31. Plut. Rom. 20. 

4 Dionys. II. 7. Plut. Rom. 20. Varro L.L. V. § 81. Digest. I. ii. 20. 

6 Plut Rom. 20. Cic. de R. II. 8. Fest. s.v. Novae Curiae, p. 174. 

3 Paul. Diac. s.v. Curiae, p 49 

7 Dionys II. 7. Varro L.L. V. § 83. Paul. Diac. s.v. Curialesfiamines, p. 64. 

8 Paul. Diac. s.v. Maximus Curio, p. 126. 

8 Dionys. II. 7. 


62 


NAMES. 


Thus, in the full designation Publius Cornelius Scipio, Publius is the Prae- 

bSedT^ g r!^ Cornelius k the Nomen, and marks that he 

belonged to the Gens Cornelia; Scihio , is the Cognomen, and marks tint he 

belonged to that family or branch of the Gens Cornelia called Scipio. 

Occasionally a Familia became very numerous, and sent out many branches 
forming, as it were, sub-families; and in such cases it became necessak, in oS 

a“ SfSl? f f mgn T m - ThtlS ’ we “ such appellations 
T>]u n C /r L * ntul J? s . Crus—Lucius Cornelius Lentulus Niqer— 
Publius Cornelius Lentulus Spmther —all these persons belonged to th q Gens 
Cornelia and to the Familia of the Lentuli; but the Lentuli became in process 
of time so numerous that a number of subsidiary branches were established w W 
descendants were distinguished by the additional 

Spmthei , &c. . Sometimes, m the case of a family which could hn-Kt Q 1 
number of distinguished members, it became necessary to add a third comiomen 
which, however seldom passed beyond the individual to whom it wasTpphed 
ms, Publius Cornelius Scipio Nasica, (consul, B.C. 191 ) had a son who 
was designated as P. Cornelius Scipio Nasica Corculum, (consul B.C S 
155.) and the son of the latter was known as P Gnmeiin* c • • a t 

bestowed b‘rl d! ^y t0 mbv^ a,7name ’ 3 c «”Pl™enta.y title was sometimes 

commemoiSe"^ KTTSwLw- ° nW to 

foremen w7» %27n "“and^nerX ***** *° ** 

hereafter) out of one Gens into another. The person adwted StT T'T 
names and assumed those of the person hv whom . °P ted lai<1 a«de his ongmal 
ever, an epithet to mark tlie Gens on of wlS IT ado P ted) acMin ?’ how - 

2S S IX, % ZVl: ££*:S s “’ h 5 “ 

as 

80 th t at f n h r * a 

Cornelius Scipio Africans Aemilidnus , to wh ^vehuaUy wfadded 
Agnomen Numantinus! In like manner r (in was added a second 

in terms of the last will of his maternal grand-unci”^’?: JutVSr 

brt£ r”“corne, ta , Scipio, th . 

fhfcfaudi? Mar°c n e1ir gn ° men - S ° als ° the title 


PATRICIANS ; PATRONS AND CLIENTS. 


63 


Octamanus, ard hence, at different stages in his career, he was styled Octavius 
and Octamanus , both being eventually superseded by the complimentary title of 
Justus bestowed.by the Senate, B.C. 27. Very rarely we find the epithet of 

son ofthat^r/ 10 ^^ 6 ^ 1116 the Familia ’ and not that of the Gens. A 

Marcellu / wh ? ® erved , with distinction, under Marius in 
h f f wa £ was ad ? pted b ? a certain P • Cornelius Lentulus , and 

we?e two fVntpfri ha ^ beC ° m i e K' Co / ndius Lentu ^s Clodianus; but there 
Z?l L -i? - S C1 f ud ! ae ’ and >. therefore, for the sake of distinction, and to 
maik the illustrious family to which he had belonged, he assumed the name P 

?oZTJ lUS Lentulus MarceUmus, and this epithet of Marcellinus passed as a 
second cognomen to his descendants. One other anomaly deserves notice because 

of a famous individual, and mfght occasion emb™! 
ent M. Junius Brutus , the celebrated assassin of Julius Cmsar, was adopted 

™ eral . } ’ eat ’ s b< T fore tbe deatl1 of the dictator, by his own maternal uncle Q 
bcrvilius Caepio , and ought therefore to have become Q. Servilius Caepio 
Jumanus, but for some reason he retained his original cognomen; and we ffnd 
the different appellations to which he was entitled jumbled together in great 
confusion. Thus by Cicero he is termed sometimes simply Brutus, 1 sometimes 
M Brutus, sometimes Q. Caepio Brutus,* and by Asconius, 4 M. Caepio. 

ihe women of a family were, for the most part, distinguished simply by the 
name of the gens to which they belonged, without Praenomen or Cognomen 

Po^om^ daUghter ° f JUUUS Caesarwas Julia > of Ci cero, Tullia; of Atticus,’ 

nnfifth s ^ em onomenclature prevailed, without change, from the earliest epoch 
un il the downfal of the commonwealth. It underwent considerable modification, 

to discuss here 1CU ^ ° aSeS ’ ^ Cailier emperors ’ but th ese it is unnecessary 

Patricii. Patres.—The three tribes of the Ramnes, Tides, and Luceres, 
divided politically into Curiae, and socially into Genies and Familiae, did not, 
even in the earliest times, constitute the whole free population of Rome, but 
ormed a privileged class, who enjoyed exclusively all political power and all the 
onours of the state. As members of this privileged class, they were compre¬ 
hended under the general designation of Patricii or Patres. The latter term 
may have originally been confined to the chosen elders who formed the Senatus 
or great councd of state; but Patres is employed perpetually as synonymous 
with Patricii; and even those historians who endeavour to draw a distinction 
between the words, and to represent the Patricii as the sons or younger branches of 
the 1 atres, do not themselves, in their narratives, maintain any such distinction 
ententes. Patroni.—Each Patrician house had a body of retainers or depen¬ 
dents who were termed the Clientes of the Gens, or of the Familia, or of the 
individuals to which or to whom they were attached, and these again were styled 
Patroni, with reference to their clients; the terms Patroni and Clientes beino- 
correlative, and the position of the parties bearing a resemblance, in some respects! 
to that of a feudal lord and his vassals in the middle ages. What the origin of the 
Clients may have been, and whence this inferiority may have proceeded, are ques¬ 
tions which it is now impossible to answer; but the most probable hypothesis is, 
that they were a conquered race, and that the patricians were their conquerors. It 
is certam, that the relation of Clientela, as it was called, existed among the Sabines 

1 e.g. Ad Att. V. 18. 20. VI. 1. 

2 e g. Philipp. X. 11. 

3 . ?• g v£, d F . am> VIL 21 Ad Att - tt 24. Philipp. X. 11. 

4 In Miloman. 


64 


PATRONS AND CLIENTS. 


and the Etruscans, and was perhaps universal in ancient Italy. 1 The word 
Cliens , is we can scarcely doubt, connected with the verb clueo, which is identical 
with the Greek k'Kvu, and although clueo, where it occurs in the classical writers, 
signifies to be spoken of, it may also have signified simply to bear , and indeed 
audio and dzova are commonly used in both senses. Thus, Clientes or Cluentes 
would denote bearers , that is, persons who listened with respect and obedience 
to the dictates of their superiors. But although the Clientes were, in all respects, 
dependents and inferiors, yet the sway of the Patrons was by no means of a 
tyrannical or arbitrary character. On the contrary, the duties of Patrons and 
Clients were strictly reciprocal, and in many cases clearly defined. 

The Patron was bound to expound the laws ( promere leges ) to his Client—to 
watch over his pecuniary and personal interests as a father over those of his son 
—to maintain, in a court of justice, his rights, when injured or assailed, and 
generally to protect him in all his relations, both public and private. 

On the other hand, the Client was bound to aid and support his Patron—to 
furnish a dowry for the daughter, if the father were poor—to raise money for the 
ransom of the patron himself, or of his children, if taken prisoners in war—for 
the payment of fines or damages incurred in legal processes, and for the expen¬ 
diture required for discharging any public office. 

A Patron and his Client could not appear against each other in a court of 
law, either as principals or witnesses, nor assume a hostile attitude under any 
form. These, and similar obligations are enumerated by Dionysius, (II. 10,) 
who is more explicit upon this matter than any other ancient writer; and there 
is also a passage in Aldus Gellius, (V. 13,) in which we are told that the ties of 
clientship were at one time regarded as more sacred than those of blood, and 
that next to the name of father, that of Patronus was the most holy. 

The Clientship descended from father to son on both sides; the Client bore 
the gentile name of his Patron, and was regarded as appertaining to the Gens, 
although not strictly forming a part of it. 

The obligation of a Patron to protect his Client being regarded as of the most 
solemn character—the violation of it was a crime which rendered the perpetrator 
Sacer, i.e. devoted to the infernal gods, and, as such, an object of general 
abhorrence, and no longer under the guardianship of the laws. By the code of 
the XII. Tables it was expressly enacted— Patronus si Clienti fraudem fecerit , 
sacer esto —and among the spirits reserved for torture in the nether world, Yirgil 
enumerates— 

“ Hie quibus invisi fratres, dum vita manebat, 

Pulsatusve parens, aut fraus innexa Clienti, 

* * * * 

Inclusi poenam expectant.” 2 

It will still farther illustrate the position of Patron and Client if we bear in 
mind, that when a master granted freedom to a slave, the relation previously 
expressed by the words dominus and servus was now represented by patronus 
and libertus , and that, in legal phraseology, any advocate who pleaded for a 
criminal in a court of justice was termed the patronus of the accused. 

fi*lebes s. Plebs.— But not only do we hear in early Roman history of the 
Patricians and their Clients, but from the very infancy of the state we find a 
body of men termed Plebs or Plebes , who at first belonged to the non-privileged 
class, and were entirely shut out from all participation in political power, but 

] Liv. II. 16. Dionys. II. 4G. V. 40. IX. 5. X. 14 
2 Virgil iEn. VI. 608. see also Dionys. l.c. and Hor. C. IL xviii. 25. 


POPULUS AND PLEBS. 


65 


who gradually increased in numbers, wealth, and influence, and at length, by slow 
degrees, and after many desperate struggles, succeeded in placing themselves 
upon a footing of complete equality with the Patricians, and in gaining admission 
to all the offices of state, civil, military, and sacred. Indeed, the internal 
history ol the city, for nearly two centuries after the expulsion of the kings, is 
wholly occupied with details regarding the contests between the Patricians and 
the Plebeians ; and it was not until the two orders were fully and heartily united 
that the career of conquest commenced, which was terminated only by the limits 
of the civilised world. But the question now to be considered is, Who were the 
Plebeians, and whence did they come ? 

The historians of the Augustan age believed that the term Plebs was another 
name for Clientes , the former being used to denote the whole non-privileged 
class collectively, while the latter was employed with reference to different 
Patrician houses to which they were individually attached. But this idea, long 
received without doubt or suspicion, is entirely irreconcileable with the position 
occupied by the Clients, as explained above, and also with the narratives of the 
historians themselves. The Clients, even as a body, could never have engaged 
in a series ot fierce struggles, during which they must have constantly been 
brought into direct collision with their individual Patrons, nor would any Patri¬ 
cian have been permitted to exercise those acts of oppression and cruelty towards 
the Clients of another Patrician which we find often perpetrated on the Plebs in 
their weakness. Moreover, many passages might be quoted from Livy and 
Dionysius in which the Clients of the Patricians are mentioned, not merely as 
distinct from the Plebs, but as actively assisting their patrons to frustrate the 
designs of the Plebs. The most important of these are referred to below, and 
ought to be carefully consulted. 1 

The ingenious hypothesis of Niebuhr, although he insists with too much 
dogmatism on the minute details of his theory, is now generally accepted as a 
satisfactory solution of the difficulties which surround this subject. His views 
may be briefly expressed in the following propositions:— 

1. The Plebs and the Clients were originally entirely distinct. 

2. The original population of Rome consisted solely of the Patricians and 
their Clients. 

3. The Plebs was composed of the inhabitants of various Latin towns which 
were conquered and destroyed , their population being , at the same time , trans¬ 
ported to Rome and the surrounding territory. Thus, upon the taking of Alba 
by Tullus Hostilius, Livy records— duplicatur civiuni numerus —and again, 
when speaking of the conquest of Ancus— secutusque morem regum prior urn , 
qui rem Romanam auxerant hostibus in civitatem accipiendis , multitudinem 
omnem Romam traduxit . 2 

4. As long as the Patricians and Plebeians remained politically distinct , the 
former alone , with their clients, were designated as the Populus. 

Hence we find Populus and Plebs spoken of as different bodies, not merely 
in the early ages, as when we are told —Consul Appius negare jus esse tribuno 
in quemquam , nisi in plebeium. Non enini populi sed plebis eum magistratum 
esse 3 —but in formal documents of a much later period, and even when the 
original import of the terms must have been altogether forgotten. Thus, in the 
prophecy published B.C. 212, during the second Punic war, enjoining the insti- 

1 Liv. II. 35. 56. 64. III. 14. 16. comp. VII. 18 Dion^s. VI. 45-47. 63. IX. 41 X. 27 
a Liv. I 30. 33. 

S Liv. II. 56. 

F 


66 


CLIENTS AND PLEBS. 


tution of games in honour of Apollo— It's ludis faciendis praeerit praetor is, 
qui jus popijlo plebeique dabit summum 1 —and in the will of Augustus— 
Legata non ultra civilem modum , nisi quod populo et plebi cccxxxy. . . . 
dedit. 2 

When we remember the progress made by Rome during the regal period, we 
shall understand that the numbers of the Plebeians increased with great rapidity, 
and that this body must have included a vast number of families which had been 
noble and wealthy in the vanquished states, as well as the humble and the poor. 
The Plebeians had their own Gentes and Familiae, the same system of names 
prevailed among them as among the Patricians, and in some cases the gentile 
names were identical. Thus there was a Patrician Gens Claudia with the 
family names of Fulcher , Nero , and others; and also a Plebeian Gens Claudia 
with the family name Marcellus. 

Amalgamation of the Clicntes with the Plebs. —The old Clients were 
eventually mixed up with and became a portion of the Plebs ; but when and by 
what steps this was effected, are points upon which we are entirely ignorant. 
It is probable, however, that the fusion was completed at the period when the 
Plebs succeeded in extorting from the Patricians the full concession of equal 
rights. 

Clients of later times. —But although the clients became politically merged 
in the Plebs, the habits and national feelings connected with the Clientela 
remained. Many of the poorer Romails, and foreigners resident in Rome, gladly 
took advantage of this sentiment, and placed themselves under the protection of 
the rich and powerful. Even towards the close of the republic and under the 
early emperors, the noble Roman loved to be visited each morning by a crowd of 
humble dependants, and to walk abroad attended by a numerous retinue whom 
he was wont to assist with his advice, and occasionally to entertain at his table, 
oi , as became the practice at a late period, to recompense by a dole (sportula) 
of food or money for their mercenary devotion. 

Cities and whole, provinces,. in like manner, sought, as clients, to secure the 
good offices of particular families or individuals. The Marcelli were the patrons 
of Sicily—the Fabii, of the Allobroges—the Claudii, of Sparta—Cato, of Cyprus 
and Cappadocia 5 and as a proof that the connection so formed was not merely 
nominal, we find Octavius excusing the inhabitants of Bononia from joining in 
the league against his rival— quod in Antoniorum clientela antiquitus erant 
—(Suet. Octav. 17.) 

fMebs Of later times —After the Plebeians had been admitted to a full 
participation of all social and political rights, the term Plebs or Plebes by 
degrees lost its original signification; it no longer indicated an order or body in 
the state politically distinct, but was used to denote those members of the com¬ 
munity at large whose means were small and whose station was humble. Hence 
by the writers who flourished during the last century of the republic, and under 
the empire, the name Plebs was applied to the whole mass of poor citizens, and 
is frequently employed disparagingly in the sense of the mob or rabble. ’ The 
only trace of political or social distinction which remained was in the separation 
still kept up between the Patrician and Plebeian Gentes, and this was closely 


1 Liv. XX V. 12. 

,7TT?' a D cit Ann J L t ?: the Senatus Consultum, quoted by Caelius in Cic. Epp. ad Fam 

y* IL we read—.St quid ea re ad populum, ad plebemve lato opus esset, uti Her. Snlpicius M 
Marcellus Coss. praetores, tribumqne pleb>s, quibus eorum viderelur ad populum plebemve refer 
rent- the term populus may signify the people assembled in the Comitia Centuriata - ^ as 
opposed to plebs, the people assembled in the Comitia Tributa 6 tunata ’ as 


NOBILES—IGNOBILES—OPTIMATES—POPULARES. 


67 


observed, because, although all the great offices were open to Plebeians, there 
were certain magistracies (that of Tribunus Plebis , for example,) from which, 
according to an inviolable principle in the constitution, all members of the 
Patrician (rentes were rigidly excluded. 

Nobiles. IgnobiBcs. Novi Homines. Ins Imaginum. —After all political 
distinctions between Patricians and Plebeians had been finally removed, a new 
aristocracy or nobility gradually sprung up. Certain high offices of state conferred 
upon the holder the right of using, upon public occasions, an ivory chair of peculiar 
form. This chair was termed Sella Curulis; and the offices, to be enumerated here¬ 
after, which gave a right to the use of this seat were named Magistratus Curules. 
It was the custom for the sons or other lineal descendants of those who had held 
such offices to make figures with waxen faces representing their dignified ances¬ 
tors, and the right bestowed by such custom or usage was called Ius Imaginum. 
These Imagines or figures were usually ranged in the public apartment (atrium) 
of the house occupied by the representative of the family—appropriate descriptive 
legends (tituli) were attached to each—they were exhibited on all great family 
or gentile festivals and solemnities; and the dignity of a family and of a gens 
was, to a certain degree, estimated by the number which it could display. 1 All 
persons who possessed one or more of these figures, that is to say, all who could 
number among their ancestors individuals who had held one or more Curule 
offices, were designated by the title of Nobiles. Those who had no figures of 
their ancestors, but who had raised themselves to a Curule office, were termed 
Novi Homines. All who had no figures of their ancestors, and had not, in 
their own persons, attained to a Curule office, were ranked together as Ignobiles. 
Even after the admission of the Plebeians to a full participation in political power, 
the high offices were, to a great extent, monopolised by a small number of 
families; these Nobiles became gradually more and more exclusive, and looked 
with very jealous eyes upon every one not belonging to their own class who 
sought to rise to eminence in the state. 2 3 Hence the fierce opposition offered to 
Marius, who was a Novus Homo , and even Cicero, who stood in the same posi¬ 
tion, was always, notwithstanding the services he rendered to the aristocracy, 
regarded with coldness and aversion by a large portion of the old Nobiles. It 

must be distinctly understood that this Nobilitas conferred no legal privileges_ 

did not imply the possession of wealth, and was enjoyed by Plebeians and Patri¬ 
cians, ^without reference to their extraction. It has been remarked, that no 
Patrician is ever spoken of as an Ignobilis or as a Novus Homo. If this is reallv 
correct, it probably arises from the fact, that before these terms became of weight, 
every Patrician family, and the number of these was latterly very small, could 
number the holder of a Curule magistracy among its ancestors. 

Optimates. Populares —It will be readily understood from the last section 
how the state became divided into two great political parties or factions, the one 
composed of the Senate with the Nobiles and theft adherents, who desired to 
keep all political power, as far as possible, in the hands of a few individuals the 
other, composed chiefly of the Ignobiles, who were desirous to extend the circle 
and to increase the importance of the people at large. The former, who may be 
termed the Aristocratic party, were styled Optimates , the latter, or Democratic 
were styled Populares ; 3 and from the time of the Gracchi until the downfal of the 

1 On the subject of Roman Imagines our great authority is Polybius VI. 53. 

2 We find this spirit manifesting itself as early as the second Punic war,— See Liv. 
XXII. 34. 

3 See Velleius IL 3. Cic. pro Sest. 45. 


68 


LOCAL TRIBES. 


commonwealth, their contests were fierce and incessant. It must be observed, that 
these words, Optimates and Populares, in no way indicated rank or distinction, 
but solely political principles, and that although the former consisted chiefly of 
the Nobiles , yet, the most distinguished leaders of the Populares , the Gracchi, 
and Julius Caesar, were Nobiles—the two former Plebeians, the latter a 
Patrician. 

JLocal Tribes.—The Plebs, although steadily increasing in number and in 
strength, appear to have remained a confused mass until they received organi¬ 
zation and political existence from the institutions of Servius Tullius. One of 
the most important measures of that great reformer was the division of the whole 
Roman territory into districts, termed Regiones , and of the whole free Roman 
population into an equal number of Tribus , each tribe occupying a region. The 
city was divided into four regions, which, as we have seen above, (p. 8,) were 
denominated respectively, Suburana , Esquilina , Collina , and Palatina , 1 the 
remainder of the Roman territory was divided into twenty-six regions, 1 2 so that 
altogether there were thirty regions and thirty tribes, twenty-six of these being 
Tribus Rusticae , and four Tribus Urbanae. This arrangement was strictly 
local; each individual possessed of landed property being enrolled in the Rustic 
Tribe corresponding to the region in which his property lay, and those who were 
not landowners being included in one or other of the City Tribes. 

Some important changes took place in consequence of the convulsions and 
loss of lands which followed the expulsion of the kings ; for in B.C. 495, fifteen 
years after that event, we are told by Livy— Romcie tribus una et viginti 
fuctae . 3 From this time forward new tribes were gradually added, as the 
Roman territory gradually extended, until B.C. 241, when they were increased 
to thirty-five. 4 This number was never agumented, but remained fixed until 
the latest times. It is true, that upon the admission of the Italian states to the 
rights of citizenship, after the social war, laws were proposed and passed ( Lex 
Iulia , B.C. 90— Lex Plautia Papiria , B.C. 89,) for the creation of eight or 
ten new tribes, in which the new citizens were to be enrolled ; 5 but these 
enactments were, in this point, superseded by the Lex Sulpicia , (B.C. 88,) 
which ordained that the new citizens should be distributed among the thirty-five 
existing tribes ; 6 and this arrangement appears to have been ratified and canned 
out by Sulla. 7 

The tribes instituted by Servius Tullius must be carefully distinguished from the 
three Patrician tribes, the Ramnes, Tities, and Luceres, which were henceforward 
thrown into the shade; and wherever tribes are spoken of in Roman history, we 
must understand that the Local tribes are meant unless the contrary is speci¬ 
fically stated. 

The division into tribes, now described, being purely local or territorial, there 
can be little doubt that the Patricians and their Clients, as well as the Plebeians, 
were included from the very commencement; but in what relation they stood 
towards each other when the division into tribes was first applied to political 
purposes, cannot be ascertained. 

The Regiones Rusticae were divided into a number of small districts, called 

1 Varro L.n. V. § 45. § 56. Dionys. IV. 14. Liv. I. 43. Epit XX. Plin. H.N. XVIIL a 

2 Varro ap. Non. s.v. viritim , p. 30. ed. Gerl. Dionys. IV. 15. 

3 Liv. II s?l. Dionys. VII. 64. 

4 Liv. I. 43. Epit. XIX. 

5 Velleius II. 20. Appian. B C. I. 49. 

6 Liv. Epit. LXXVII. Appian. B.C. I 55. 64. Velleius 1. c. 

7 Liv. Epit. LXXXVI. 


CLASSES AND CENTURIES. 


69 


Pagi, each of which had its Mcigister Pagi or petty magistrate; and the Pagani, 
i.e. the members of each Pagus had a shrine, where each year they celebrated 
a festival termed Paganalia. 1 

In like manner, the Regiones Urbanae were divided into Vici , each Vicus 
having its Magister; and the inhabitants of each celebrated annually, at the 
intersection of the streets forming their Vicus, a festival, termed Compitalia. 2 
There were also rural festivals, termed Compitalia , celebrated at the point where 
several roads intersected each other. 

Classes. Centuriae. —The division into tribes comprehended the whole body 
of free Romans, and was purely local; but Servius made a second distribution, 
not less important in every point of view, depending entirely upon the amount 
of fortune possessed by each citizen—this was the division into Classes , which 
were subdivided into Centuriae. 

Classis , in the most ancient acceptation of the term, denoted an army ; and 
the division into Classes and Centuries was, in one point of view, a military 
organization, the whole body of the people being regarded as an Exercitus, 
divided into horse and foot, with their artizans and musicians. 

The Cavalry ( equites ) were divided into eighteen Centuriae. 

The Infantry ( pedites ) were divided into five, or, according to some, into six 
Classes , the discrepancy being, however, merely nominal, as will be seen here¬ 
after. 

Each Classis contained a certain number of Centuriae , one half being Centuriae 
of Iuniores , that is, composed of men between the ages of seventeen and forty- 
six, and therefore liable to be called upon for active military service, the other 
half being Centuriae of Seniores , that is, composed of men above the age of 
forty-six. 

Each class included all who possessed a certain amount of fortune, that is, 
w r hose property was valued at a certain sum; and the style of the equipments 
ill each class was regulated by the means of those who formed the class. Thus, 
those in the first class had a full suit of defensive armour, helmet, large round 
shield, cuirass, greaves, (galea, clypeus, lorica, ocreae ,) all of bronze, their 
offensive weapons being a long spear (Jiastd) and a sword ( gladius .) Those 
in the second class carried a lighter oblong shield, (scutum,) and had no 
cuirass. Those in the third class had no greaves. Those in the fourth class 
had no defensive armour, and bore merely a long spear (hasta) and a light 
javelin (verutum.) Those in the fifth class were provided with slings and stones 
only (fundas lapidesque missiles gerebant.) 

Our chief authorities for all the details with regard to the distribution into 
classes and centuries are Livy (I. 43.) and Dionysius, (IV. 16. VII. 59.) whose 
accounts, although agreeing in the main, present slight discrepancies. Com¬ 
bining the two narratives, the following scheme approaches, in all probability, 
nearly to the truth :— 


Equites, 


18 Centuries. 


I ma - Classis. —Fortune not less than 100,000 Asses or pounds of copper. 

40 Centuriae Senioruu. ) 

40 Centuriae Iuniorum,) 


80 Centuries. 


1 Dionys. II. 7G. IV. 15. Paul. Diac. s.v. Pagani, p. 221. Serv. ad Virg. G. IL 382. 

2 Dionys. 1. 14. iV. 14. 



70 


CLASSES AND CENTURIES. 


II da - Classis. — Fortune not less than 75,000 .risses. 

10 Centuriae Seniorum, 

10 Centuriae Iuniorum, 

2 Centuriae Fabrum, 

III tia * Classis. — Fortune not less than 50,000 risses. 

10 Centuriae Senioram, 

10 Centuriae Iuniorum, 

IV ta - Classis. —Fortune not less than 25,000 Asses. 

10 Centuriae Seniorum, 1 

10 Centuriae Iuniorum, > 

2 Centuriae Comicinum, &c. } 

V ta Classis.— Fortune not less than 12,500 riss&s. 

15 Centuriae Seniorum, 

15 Centuriae Iuniomm, 


1 Centuria Proletariorum et 
Capite Censorum, 

In all 193 Centuries. 






22 Centuries. 


20 Centuries. 


22 Centuries. 


30 Centuries. 


1 Century. 


The chief points in which Dionysius and Livy differ are— 

1. Livy makes the total number of Centuries to be 194, by adding to the 
fifth class a Centuria of Accensi; but it is more probable that the number should 
have, been odd, otherwise embarrassment might have arisen from an equal 
division of the Centuries in voting, as will be explained in the section where we 
treat of the Comitia Centuriata. 

2. Livy makes the fortune of the fifth class 11,000 asses, instead of 12,500; 
but we can see no reason why a departure should have taken place in this 
instance from the symmetrical reduction observed in the other cases. 

3. Dionysius makes six classes, instead of five ; his sixth class consisting of 
the one century of Proletarii and Capite Censi included by Livy in the fifth. 

The Proletarii were those whose fortune was not above 1500 asses, and who 
were not called upon for military service except in extraordinary emergencies, 
when they were equipped at the expense of the state. 

The Capite Censi were those who had no fortune, or whose fortune was so 
small that it could not be definitely fixed, and who were therefore rated “ by the 
head,” and not by the amount of their property. 

It will be observed that there is a considerable gap between the fifth class, 
whose fortune was not less than 12,500, and the Proletarii, whose fortune was 
not above 1500; this space is supposed to have been filled up by the various 
descriptions of irregular troops, spoken of by different authors, such as, accensi 
velati adscriptitii — rorarii — ferentarii, &c.; but whether these were included 
m the Centuries of the fifth class, or in the single Century of the Proletarii, we 
cannot tell. 1 

The citizens included in the five classes were comprehended under the general 
DL 0 lv h %CStoi^p C 'S A “ L Ge "' XVL CiC - deH - ft22 - ®allust. lug. 91. Paul 




EQUITES. 


71 


name of Assidui , or (at a later period) Locupletes, 1 in opposition to the Prole- 
tar ii and Capite Censi. Those again who, belonging to the first class, had 
property valued at not less than 125,000 asses, were styled emphatically Classici , 
and under this head we must suppose that the eighteen Centuries of Equites were 
included ; those again who were included in the first, or in any of the remaining 
four classes, but whose fortune did not amount to the above sum, were designated 
as Infra Classem , 2 and hence the phrase classic authors , i.e. writers of pre¬ 
eminent worth, and so Aulus Gellius (XIX. 8.)— Classicus assiduusque aliquis 
scriptor non proletarius. 

In conclusion, we would repeat, for the fact ought to be deeply impressed 
upon the young scholar, that while the division into tribes was purely local, 
so the distribution into classes depended upon fortune alone, and that, in so 
far as the local tribes and the classes were concerned, Patricians and Plebeians 
were, from the first, placed side by side without distinction; the great object 
kept in view by Servius Tullius having evidently been the establishment of 
political equality among the different orders of the state. This will be better 
understood when, in a subsequent section, w r e explain the relation of the tribes 
and centuries to the Comitia or constitutional assemblies. 

Equites. 4£rdo Equcster.—We must now direct our attention to that class 
of persons who, under the name of Equites , play a conspicuous part in the 
annals of Rome from the earliest times. The investigation of their history is 
highly complicated and obscure. All the materials will be found collected, 
discussed, and combined with great industry, acuteness and ingenuity, in the 
treatises quoted at the bottom of the page, 3 of which the last three deserve special 
attention ; but many points are still involved in doubt. In pursuing our inquiries 
into the nature and constitution of this body as it existed at different epochs, it 
will be necessary to draw a broad line of distinction between the Equites of the 
primitive times and the Equester Ordo during the last century of the common¬ 
wealth ; and it will be farther necessary to consider the ancient Equites as 
divided into two classes, the Equites equo publico and the Equites equo privato. 

Rise and Progress of the Equites—In the earlier ages of Rome the term 
Equites was employed exclusively in a military sense to denote the cavalry of 
the army, and therefore was not applied to a permanent order in the state, but 
to a body which was undergoing constant changes. 

We are told that Romulus levied one hundred cavalry in each of the three 
original tribes, ten out of each Curia. 

These three hundred horsemen or tres centuriae equitum were divided into ten 
squadrons ( Turmae ) of thirty men each, each Turma was subdivided into three 
Decuriae of ten men each, and at the head of each Decuria was a Decurio. 
The three Centuriae bore the names of the three tribes from which they were 
raised, and were designated respectively Ramnes — Tides — Luceres ; and the 


1 Cic. de R. II. 22. Aul. Gell. XVI. 10. Varro ap. Non. s.v. Proletarii, p. 48. ed. Gerl 

Charis. I p. 58. ed. Putsch. , , „ •, . 

2 Aul Gell VII 13 comp. Paul. Diac. s.v. Infra classem. We have already referred to 

the passages of Livy (I. 43.) and Dionysius (IV. 16. VII. 59.) which afford the most distinct 
information concerning the constitution ot Servius, and to that of Aulus Gellius < XVI. 10.) 
■which is the most important on the Proletarii and Capite Censi; but in addition to these, 
there is a passage in Cicero de Republica (II. 22 ) in every way remarkable, and which has 
given rise to animated discussion ; but the text is unhappily so uncertain that it cannot be 
regarded as a safe guide. , 

3 Muhlert, De equitibus Romanis. Hild. 1830. 

Marquardt, Historiae equitum Romanorum. Berol 1840. 

Zumpt, Ueber die Romischen Ritter, tkc.. Berol. 1840. , . . . _ , 

Madvig, De loco Ciceronis in Libro IV. de Rep., in his Opuscula Academica, Tom. 1. 


72 


EQUITES. 


squadrons were formed in such a manner that each contained ten Ramnes, ten 
Pities, and ten Luceres. The body collectively was termed Equites s. Celeres s. 
1 rossuli s. Flexumines , the two latter being words of uncertain origin. The 
commander of the whole was styled Tribunus Celerum. 1 

Tullus Hostilius, after the destruction of Alba, doubled the number of the 
Equites, the number of Centuriae remaining the same, so that each Ce' turia now 
contained twenty Turmae and two hundred Equites . 2 

Tarquinius Priscus again doubled the number of Equites, dividing them into 
six Centuriae; but he was forbidden by the augur, Attus Navius, to introduce 
new names, and therefore the Centuriae were now distinguished as Priores and 
Posteriores s. Secundi; thus, there were the Ramnenses priores and the Ram- 
nenses posteriores^ and so for the Tities and Luceres, the whole number of Equites 
being now 1200. These six Centuriae were composed of Patricians exclusively, 
and are frequently described as the Sex Suffragict or Sex Centuriae , and were 
known by the latter name even when Livy wrote . 3 

Servius added to the six Centuriae twelve new Centuriae of two hundred 
each; these new Centuriae being selected from the leading men in the state, 
without reference to their position as Patricians or Plebeians. There were now 
altogether 3600 Equites divided into eighteen Centuriae, the number given above, 
when treating of the distribution of the citizens into classes. These eighteen 
Centuriae Equitum were made up of the Sex Suffragia of Patricians, as arranged 
by Tarquinius, and the twelve new Centuriae of Servius . 4 

Census Equester. —The Equites, from the commencement, were selected from 
the wealthiest of the citizens. The fortune necessary for admission into the first 
class was, as we have seen, at least 100,000 asses—the equestrian fortune was 
probably at least 125,000, which placed the holder among the Classici ; but we 
must not suppose the 400,000 sesterces=l,600,000 asses, which was the Census 
Equester towards the close of the republic, could have been required in the 
infancy of the state. 

Equus Publicus. —Each of the Equites, in the eighteen Centuriae, received 
from the public treasury a sum of 10,000 asses for the purchase of a horse, (aes 
equestre ,) and hence the phrases equo publico merere , equum publicum assig- 
nare he was farther allowed an annual sum of 2000 asses for its maintenance, 
(aes hordearium ;) the sum necessary for the latter purpose being raised by a 
tax paid by unmarried women and orphans, who seem to have been exempt from 
ordinary imposts . 5 It seems probable that when an Eques ceased to serve, either 
in consequence of the regular period having expired, or from some other cause, 
he was required to refund the 10,000 asses advanced for the purchase of his 
horse, but this is not certain . 6 

Period of Service .—During the most flourishing epoch of the republic, the 
period ot service required from an Eques was ten years, after which he was no 
longer obliged to take the field, but might, if he thought fit, give up his public 
horse and retire from the Centuriae of the Equites. It does not, however, appear 
that this, retirement was compulsory; on the contrary, those who had obtained 
a place ^in the Senate, and were far advanced in life, sometimes retained their 
Equus Publicus, as in the case of the censors M. Livius Salinator and C. Claudius 

1 V* Dion y, s 11 ’3- Varro L.L. V. § 91. Plut. Rom. 13. 26. 

2 Paul. Diac. s v. Celeres, p. 55. 

3 Liv. I. 36. who, however, makes the number 1800. 

t ^ ^ de H* H 20. as interpreted bv Zumpt. 

6SeI Becker P p U 254 DiaC ^ Eqmstre aeS ’ P< 8L Cic ' de R ‘ 11 20 - Ga5us 1V - §27. 

0 ' 


EQUITES. 


73 


Nero, B.C. 204, and indeed at one time all senators must have been included in 
the Centuriae Equitum. In the age of Cicero, however, these Centuriae were 
composed of young men exclusively . 1 

Choosing o f the Equites —The Equites, we are told by Dionysius, (II. 13,) 
were originally selected by the Curiae. After the introduction of the Servian 
constitution, the duty would devolve upon the magistrate who presided over the 
Census , and hence first upon the kings, afterwards upon the consuls, and from 
the year B.C. 443 on the censors . 2 3 4 Once in five years the censors made a strict 
and solemn review of the Equites, (equitatum recognoscere — recensere — censum 
equitum agere, ) 3 who passed before them on foot, in single file, each leading his 
horse forward as his name was called over by the public crier. Those who were 
approved of were desired to pass on, (traducere equum—traduc equumf) 4 those 
whose horse and equipments were in bad order, or who, from any other cause, 
were deemed unworthy, the censor removed from the body, (equum equiti 
adimere ,) by pronouncing the words Vende equum. 5 After the roll was purified, 
the vacancies were filled up from those who possessed the necessary qualification, 
and no change took place until new censors entered upon office. 

Equitum Transvectio .—Altogether different from the solemn review by the 
censors (equitum prohatio s. recognitio —(Vdas iTciaw^/tg) was the procession 
called Equitum Transvectio , which took place annually on the Ides of July, in 
commemoration of the aid afforded to the Roman arms, at the battle of the lake 
Regillus, by the twin brethren Castor and Pollux. On the day named, the 
Equites, mounted on their steeds and dressed in their robes of state, ( trabeati, ) 
rode from the temple of Honos, outside the Porta Capena, (see above p. 34,) 
through the Forum to the Capitol, passing on their way the temple of the 
Dioscuri (see above p. 18.) This practice was first introduced by Q. Fabius 
Maximus Rullianus when censor, B.C. 304— Ah eodem institutum dicitur ut 
equites Idibus Quintilibus transveherentur—Hie primus instituit uti Equites 
Romani Idibus Quintilibus ab aede Honoris equis insidentes in Capitolium 
transirent. 6 

The Recognitio and the Transvectio of the Equites had both fallen into disuse 
before the downfal of the republic, but were revived, and, apparently, to a certain 
degree, combined by Augustus . 7 

Equites equo privato .—The eighteen Centuriae Equitum, whose constitution 
we have described above, were the only body of cavalry in the state until the 
year B.C. 403, when, in consequence of the reverses sustained by the army 
before Veii, and the intestine disorders which distracted the city, the Senate were 
thrown into great perplexity. On this emergency, a number of persons possessed 
of equestrian fortune, but who had not been chosen into the eighteen Centuriae, 
came forward and offered to serve as cavalry without receiving a horse from the 
state, or the usual allowance for its maintenance . 8 Their proposal was eagerly 
accepted. In this way a body of Equites arose, who received larger pay than 
the infantry, and whose period of military service was limited to ten years, but 
who received neither aes equestre nor aes hordearium , and who were not admitted 
into the eighteen Centuriae Equitum. 

1 Liv. XXIX. 37. Cic. de R. IV. 2. and remarks of Zumpt. Q, Cic. de pet. cons. 8. 

2 See article Censores in the chapter on the Roman Magistrates. 

3 Liv. XXIX. 37. XXXIX. 44 XLIII. 16 

4 Cic. pro Cluent. 48. Val. Max. IV. i. 10. 

5 Liv. XXIX. 37. Val. Max. II. ix. 6. 

6 Dionys. VI. 13. Liv. IX. 46. Val. Max. II. ii. 9. Aurel. Viet, de viris ill. 32. 

7 Suet. Octav. 38. 

6 Liv. V. 7. equis se suis stipendia facturos promittunt. 


74 


ORDO EQUESTER. 


_ It must be remarked that towards the close of the republic, although the 
eighteen Centuriae were still kept up as a political body, the cavalry of the 
Roman armies was composed almost entirely of persons not citizens, and hence 
the Equites equis privatis must have gradually disappeared. These changes 
paved the way for a new body, which we now proceed to consider. 

Ordo Equester.— As Rome rose and prospered, the number of those who 
possessed the Equestrian fortune must have greatly exceeded the demands of the 
armies; and when the cavalry was composed chiefly of allies and auxiliaries, a 
class of rich men was rapidly formed, who were not senators, and not ambitious 
of public distinction, but who sought to employ their time and increase their 
means by embarking in mercantile enterprises. We hear of such for the first 
time as government contractors during the course of the second Punic war ; 1 and 
when the dominion of the republic was extended over Sicily, Greece, Asia, and 
Africa, they found ample occupation in farming the public revenues, and accumu¬ 
lated vast wealth. This body of monied men necessarily exercised great influence, 
and held an intermediate but ill-defined position between the nobility and the 
humbler portion of the community. Hence, when the struggles between the 
Optimates and the Populares became frequent and violent, the democratic party 
perceived how much they might gain by securing the hearty co-operation of the 
great capitalists and their retainers, and this object they effected by the bold 
measure of C. Gracchus, who, in B.C. 122 earned the Lex Sempronia Iudiciaria , 
in terms of which the Iudicia , that is, the right of acting as jurors upon criminal 
trials, which had hitherto been enjoyed by the senators exclusively, was trans¬ 
ited to those possessed of the Census Equester , i.e. 400,000 sesterces. In 
this manner a definite form was given to the body—now, for the first time, 
called Ordo Equester , 2 in contradistinction to Ordo Senatorius; and all 
necessary connection between the term Equites and the idea of military service 
ceased. The Senate, however, did not tamely resign the privilege which they 
had so long enjoyed, and for half a century after the passing of the Lex Sem¬ 
pronia, the battle of the Iudicia was fought again and again with varying success, 
and a constant feeling of irritation was kept up between the contending parties. To 
remove this, and to bring about a hearty good understanding between the Senate 
and the Equestrian Order, was the great object of Cicero’s policy, who saw clearly 
that in this way only could the assaults of the democracy be repelled. This object 
he succeeded in accomplishing for a time, at the period of Catiline’s conspiracy, 
which spread dismay among all who had any thing to lose. But the alliance 
proved short-lived, and the majority of the Ordo Equester threw themselves 
into the scale of Cassar and the Populares. Pliny, in the first and second 
chapters of the thirty-third book of his Naturalis Historia , communicates much 
information with regard to the rise and progress of the Equestrian order; but, 
as too common with that author, the materials are thrown together at random, 
and the statements, on many points, irreconcileable. The following sentences 
from the second chapter seem to be distinct and trust-worthy :— Iudicum autem 
appellatione separari eum ordinem primi omnium instituere Gracchi discordi 
popularitate in contumeliam Senatus , mox ea debellata , auctoritas nominis 
vario seditionum eventu circa publicanos substitit: et aliquamdiu tertiae vires 
publicani fuere. Marcus Cicero demum stabilivit equestre nomen in consulatu 


1 Liv. XXIII. 48. 49. 

Xxfw^VTV^isYYv 1 ? 1 Ordo Equester occurs in the earlier books of Livy, eg. IX. 38. 

5y ' a 1 -*V 8 ' 1 36 ' » but the historian seems to have adopted the phraseologv of 

his own day without reference to the period when it was first introduced. We shall have 
occasion shortly to notice a similar prolepsis in regard to what were called Equites illustres. 


BADGES OF THE EQTJITES. 


75 


suo, ei senatum concilians , ex eo se ordine profectum esse celebrans , eiusque 
vires peculiari popularitate quaerens. Ab illo tempore plane hoc tertium 
corpus in republica factum est , coepitque adiici Senatui Populoque Romano et 
Equester Ordo. 

Insignia of the Equites.—The outward marks of distinction enjoyed by 
the Equites and the Ordo Equester were the following:— 

1. Annulus aureus .—We find that golden rings were worn by senators at 
all events as early as B.C. 321; for we are told by Livy, that among other 
demonstrations of public grief, when intelligence arrived of the disaster at the 
Caudine forks —lati clavi , annuli aurei positi. During the second Punic war, 
we know that they were worn not only by senators, their wives and children, 
but also by Equites equo publico; since it is to these that the historian must 
refer when he informs us that when Mago exhibited to the Carthaginian Senate 
the three modii of golden rings taken from the slain at Cannae —adiecit deinde 
verbis , quo maioris cladis indicium esset , neminem , nisi equitem , atque eorurn 
ipsorum primores , id gerere insigne. According to Pliny, who enters into many 
details upon the subject of rings, the greater number of the members of the 
equestrian order, who acted as jurors, wore, even in the time of Augustus, an iron 
ring only —maior pars iudicum in ferreo annulo fuit —from which we conclude 
that, after the age of Augustus, the custom or right of wearing the annulus 
aureus extended to the whole of the Ordo Equester . 1 

2. Augustus clavus .—While Senators and Equites equo publico had alike the 
privilege of wearing a golden ring, senators alone had the right of wearing a tunic 
with a broad vertical stripe of purple (latus clavus ) in front, the garment being 
hence called Tunica Laticlavia , while the tunic of the Equites was distinguished 
by a narrow stripe, and hence called Tunica Angusticlavia. At what period the 
practice was first introduced we cannot tell, since it is seldom alluded to in the 
classics, and only by writers of the imperial times. 2 We learn from Dion Cassius 
that when the Senate, as a mark of sorrow, changed their dress, (mutavit vestem ,) 
this consisted in laying aside their official garb, i.e. the Laticlavia , and assuming 
that of the Equites, i.e. the Angusticlavia , while the magistrates threw off their 
purple edged cloak, (Toga praetexta ,) and appeared in the mantle of ordinary 
senators. We hear also of a change of dress under similar circumstances upon 
the part of the Equites and the populace; the former would, therefore, probably 
appear in a plain tunic, while the latter would disfigure themselves with dust 
and ashes, and so appear sordidati. 3 

3. Quatuordecim Ordines .—In B.C. 67, L. Roscius Otho, at that time tribune 
of the Plebs, passed a new law, (Lex Roscia theatralis ,) or, perhaps, rather 
revived an obsolete enactment, (see Liv. I. 35,) in terms of which, fourteen 
rows of seats in the theatre, immediately behind those occupied by the senators, 
were appropriated to the Ordo Equester—a measure so unpopular that it led to a 
riot, which was quelled by the eloquence of Cicero. 4 From this time forward, the 
phrases —sedere in quatuordecim ordinibus—in equite spectare—in equestribus 
sedere—sedere in pulvino equestri —are used to indicate a member of the 
equestrian order; and the classics are full of allusions to Roscius and his law. 5 
This ordinance, it must be observed, extended to the theatre alone, and did not 

1 Liv. IX. 7. comp. 46. XXIH. 12. XXVI. 36. Plin. H N. XXXIII. 1. 2. 

2 Ovid. Trist. IV. x. 35. Suet. Octav. 73. Lamprid. Alex. Sev. 27. comp. Plin. H.N. 
XXXIII. 1. 

3 Dion Cass. XXXVIII, 14. XL. 46. LVI. 31 

4 Liv. Epit. XCIX. Cic. pro Muren. 19. Philipp. II. 18. Plin. H.N. VIL 30. Plut. Cic. 13. 

5 Hor. Epod. IV. 16. Juv. S. III. 153. Tacit. Ann. XV. 32. 


76 


EQUESTRIAN ORDER. 


embrace the Circus, in which places were not set apart for the Senate and the 
equestrian order until the reign of Augustus , 1 whose regulations upon this point 
were modified and made more complete by subsequent emperors . 2 

Equestrian Order under tSie Emperors.— By the Lex Iudiciana of C. 
Gracchus all persons possessing property to the value of 400,000 sesterces 
became, ipso facto, members of the Equestrian Order, and hence, at a very early 
period, the body was inundated with liberated slaves and persons, who, by 
disreputable means, had acquired the requisite sum. This evil was already 
strongly felt in the time of Augustus, who sought, in some degree, to obviate it 
by introducing a new division among the Equites themselves, and instituting, as 
it were, an upper class. With this intention, he set apart, under the name of 
Equites illustres, (sometimes called also Equites splendidi ,) those who were of 
distinguished descent, and who possessed a fortune amounting to the qualification 
for a senator. These he regarded as forming a sort of nursery for the Senate, 

(seminarium senatus ;) upon these, while still youths, he bestowed the inferior 
offices of state, and permitted them to wear, by anticipation, the Tunica Lati - 
clavia. To this class Ovid belonged, and, as he tells us himself, when he gave 
up all thoughts of political distinction, and retired into private life, he was 
obliged to exchange the broad for the narrow stripe— clavi mensura coacta 
est. 3 

The Equites equo publico having long ceased to be the cavalry of the armies, 
would have naturally disappeared along with the Classes and Centuriae with 
which they were politically connected, but Augustus revived them; and while 
a portion of the Equites illustres were regarded as the stock from which 
the future legislators and civil magistrates were to spring, another portion, 
consisting of those who aimed at military distinction, were sent out as cadets 
under the immediate inspection of the chief generals, and appointed to subordinate 
commands, so as to acquire a practical knowledge of their profession. This kind 
of service, was termed Militia Equestris or Stipendia splendidae militiae; and 
the individuals thus employed formed a select corps, the head of which was 
styled Princeps Iuventutis. This, however, was merely a restoration of an 
ancient term; for under the republic the Equites, as a body, were sometimes 
distinguished as Principes Iuventutis (Liv. XLII. 61.) Now, however, the title 
of Princeps Iuventutis was, in the first instance, restricted to two individuals, 
Cams and Lucius Caesar, the grandsons of the emperor; and from this time 
foi ward it was generally bestowed upon the heir to the imperial dignity, or on one 
closely connected with the imperial family. Thus, it was borne by Nero from the 
time of his adoption by Claudius, by Titus, by Domitian, without any other title 
until the death of his brother, by Commodus, and by many others. 

In reference to the remark in note p. 74. we have to observe that Livy makes 
use of the phrase Equites illustres when treating of the period of the second 
Punic war (XXX. 18.) We may readily understand, however, that the historian 
employed an expression with which he himself was familiar to denote what was 
then the higher class of Equites., viz.., the Equites equo publico, without payino- 
regard to the fact, that the designation did not exist as a technical term at the 
epoch to which his narrative refers. 


Although we shall devote a separate chapter to the consideration of the consti 


1 Dion Cass. LY 22. LX. 7. LXI. 16. 

2 Tacit. Ann. XV. 32. Plin. H.N. VIII. 7. 

3 Ovid. Trist,. IV. x. 35. 

" 


Suet. Claud. 21. Ner. 11. Dom. 8. 


THE SENATE. 


77 


tution and duties of what may be denominated the Great Council of State, we 
cannot conclude the present notices of the orders and divisions of the body politic 
from the earliest times without saying a few words upon the— 

„ Origin of ihe Seasate.— The Senatus was a deliberative body, the members 
°f yhich ( Senatores ) held their office for life, established for the purpose of 
advising the kings and supporting their authority. 1 The name is manifestly 
connected with the word Senex , and indicates that those only were admitted 
into the body whose wisdom had been matured by age and long experience. 
The title of respect by which the members were usually designated was Patres , 
i.e.. Fathers of the State; but it must not be forgotten that Livy and those 
writers who treat of the earlier ages of the constitution, employ the word Patres 
to denote not only the senators, but the whole body of the Patricians, the words 
Patres and Patricii being used, in many cases, as absolutely synonymous. 

Early History of the Senate. —It is agreed by all, that Romulus chose a 
Senate consisting of one hundred members. 2 The prevailing tradition declared 
farther that one hundred additional members were added when an union was 
formed with Titus Tatius and the Sabines; but some writers maintained that 
the augmented Senate contained one hundred and fifty members while Livy 
takes no notice of any increase upon this occasion, but represents the Senate as 
consisting of one hundred only at the death of Romulus. Finally, Tarquinius 
Priscus increased the number to three hundred, adding one hundred if we suppose 
that there were two hundred previously, doubling the body if we suppose one 
hundred and fifty to have been the former complement. 3 We are farther told, 
that the senators added by Tarquinius were styled Patres Minorum Gentium , 
in contradistinction to the original senators, who were now termed Patres Mai- 
orum Gentium , names which clearly point to a belief that Tarquinius increased 
the number of the Patricians by the incorporation of new Gentes with the old 
houses, and that the new senators were selected from the new Gentes. 4 If we 
suppose the original one hundred senators of Romulus to have been Ramnes , the 
one hundred of Tatius to have been Tities , then the one hundred of Tarquinius, 
who was from Etruria, would be Luceres , and thus, the three elements, of which 
the Populus Romanus was composed, would have been equally represented in 
the Senate ; but this hypothesis, although ingenious, attractive, and, at first 
sight, plausible, is encumbered by many serious and almost insurmountable 
difficulties. 

The number of three hundred, in whatever manner made up, seems long to have 
remained the standard. We are expressly told, that at the time of the expulsion 
of Tarquinius Superbus, the Senate had been so reduced in numbers by his cruelty, 
that it became necessary for one of the first consuls, Brutus or Valerius, to select 
one hundred and sixty-four new members, in order to make up the proper 
amount of three hundred (ut expleret numerum senatorumCCC .) These, according 
to Livy, were taken from the most distinguished of the Equites, ( primoribus 
eguestris gradus lectis ,) and therefore must have been in part Plebeians, and 
these Plebeian senators were styled Conscript i, as being enrolled along with the 
other senators, to whom, as Patricians, the title Patres properly belonged. Hence, 
the united body was at first described as Patres et Conscripti , from which arose 

1 Cic. de R. II. 9. 

2 Liv. I. 8. Dionys. II. 12. Plut. Rom. 13. Fest. e.v. Senatores, p. 339. Dionys. II. -17. 
Plut. Rom. 20. but comp. Plut. Num. 2. 

3 Liv. I. 35. Dionys. III. 67. Cic. deR. II. 20. Schol. Bob. in Cic. pro Scauro. 

4 Tacitus (Ann. XI. 26.) ascribes the institution of the Minores Gentes to Brutus the first 
consul. 


78 


THE SENATE. 


the title of Patres Conscripti , employed almost invariably, in later times, in 
addressing the Senate, after the distinction indicated by the terms had long since 
disappeared and been forgotten. 1 

From this time forward we have no definite information with regard to the 
number of senators. We are told by Appian that Sulla, in order to recruit the 
ranks of the Senate, which had been greatly diminished during the civil war, 
added three hundred chosen from the most distinguished of the Equestrian order, 
and we have direct evidence that in the time of Cicero the number must have 
been upwards of four hundred and fifteen. 2 Julius Csesar, when dictator for the 
fourth time, (B.C. 45.) admitted a crowd of unworthy persons, by whom the 
number was swelled to nine hundred; and when Augustus was censor along 
with Agrippa (B.C. 28.) there were one thousand. 3 


ot Lw.ILI. Dionys. V. 13. Plut. Popl. 11. Rom. 13. Q, R. 58. Fest. s.v. Qui Patres, p 
254. Paul Diac. s.v. Allectt, p. 7. s.v. Conscripti, p. 41. Unless we suppose that Plebeians 
gained admission at this time, we shall be at a loss to account for the fact, that Plebeians 
are found in the Senate (Liv. V. 12.) before they were entitled to hold any of those offices 
which necessarily gave admission to the body. 

Livy applies the term Conscripti to the whole of the new senators, without any special 
reference to Plebeians; but the explanation given above is not only natural in itself but is 
fully borne out by the words of Festus and Paulus Diaconus. 

2 Appian. B.C. I. 100. Cic ad Att. I. 14. comp. Orat. post. red. in Sen. 10. 

3 Dion Cass. XLIII. 47. LII. 42. Suet. Oct. 35. 


CHAPTER III. 


ON THE GENERAL PRINCIPLES OF THE ROMAN CONSTITUTION AND 
THE RIGHTS OF THE DIFFERENT CLASSES OF PERSONS WHO 
FORMED THE POPULATION OF THE ROMAN EMPIRE. 


The Roman State, regarded as a body of men politically organised and in 
occupation of a certain territory, was, from the earliest period to which history or 
tradition extend, regulated and controlled by three powers, distinct from, but 
not independent of, each other. These were— 

1. The voice of the citizens (Gives) who formed the Populus Romanus , as 
expressed in their constitutional assemblies (Comitia.) 

2. The magistrates (Magistratus.) When we speak of the regal period, we 
may say, the one supreme magistrate—the King (Rex.) 

3. The Senate (Senatus) or great council of state. 

1. Cives. —The voice of the Gives or Populus Romanus , as expressed in 
their Comitia, was, according to the theory of the Roman constitution, absolutely 
supreme. To them belonged the Summum Imperium , and all power whatso¬ 
ever emanated from them either directly or indirectly. The chief points in 
which the citizens exercised their power directly were—(1.) In the enacting and 
repealing of laws (leges scribere.) (2.) In the election of magistrates (magistratus 
creare.) (3.) In the declaration of war, (helium indicere ,) and the conclusion of 
peace, (pacem facere,) to which we may add—(4.) In deciding, as a court of 
last appeal, all matters affecting the life, personal freedom, or permanent political 
privileges of one of their own body (de capite civis Romani iudicare.) We 
may observe that (3) and (4) are in reality included in (1) ; for all questions 
concerning a declaration of war and the ratification of a peace, as well as those 
which involved the criminal impeachment of a citizen, were submitted to the 
people in the form of proposed laws (rogationes.) 

Such were the powers of the people, as recognised in the best period of their 
history, 1 and exercised until the complete establishment of the imperial govern¬ 
ment under Tiberius. We cannot, however, suppose that these rights and 
privileges were fully developed, understood, and enforced during the ruder 
ages of the state, when they must have reposed much more upon traditional 
usage than upon written laws, and when the amount of power exerted by the 
kings, although controlled by public opinion, as in the case of the early Greek 
communities and of Arab tribes, must have depended to a considerable extent 
upon the temper and talents of the individual monarch. 


1 See especially Polyb. VI. H. 


80 


COMITIA—MAGISTRATES—SENATE—CITIZENS. 


It must be observed, moreover, that the power of the people, as exercised in 
their Comitia, was at all times limited by two restrictions. 

a. The Comitia could not meet unless summoned, according to prescribed 
forms, by one of the higher magistrates. 

b. In so far as the passing of lavrs was concerned, no private citizen could in 
these assemblies originate any measure whatsoever. When called together, they 
were asked ( rogabantur ) to agree to some specific proposal, hence termed 
generally a Rogatio , and this they could absolutely accept or absolutely reject, 
but they could neither change nor modify it. 

2 . Magistratus. —The magistrates formed the executive, being individuals 
chosen by, and responsible to, the citizens. To them was intrusted the duty of 
administering the laws and carrying into effect the orders of the people. For 
nearly tw T o centuries and a-half after the foundation of the city there was one 
supreme magistrate, raised far above all others, who retained his office for life, 
and bore the title of Rex. But in the great revolution of A.U.C. 244, the 
reigning king was dethroned, the office abolished, and, instead of one chief 
magistrate, who held his powder for life, two magistrates, called Consules , were 
chosen, who w'ere upon an equality with each other, and whose period of office 
was limited strictly to the space of one year. By degrees, the various functions, 
discharged originally by the king alone and then committed to the consuls, were 
distributed among a number of other magistrates, new offices being instituted 
from time to time. 

3. Senatus. The Senate was a council of state, interposed, as it were, 
between the people and the magistrates. Its duty was to advise, although it could 
not control, the former, and to watch over and guide the latter in the performance 
of the duties assigned to them. To the Senate was committed the management of 
the public money; and it discharged many most important functions connected 
with the administi ation of public affairs, which will be described at laro - e here¬ 
after. 

We have repeatedly used the words “citizens” and “Roman people” in the 
above remarks, and before proceeding farther it is necessary to ascertain what 
constituted a Romanus Civis. For this purpose we must consider the classifi¬ 
cation of mankind adopted by the Romans, in so far as political and social 
privileges were concerned. 

The fust grand division was into ( 1 .) Freemen, that is, persons possessed of 
personal freedom, ( liberi ,) and (2.) Slaves (servi.) 

Again, free men might be either persons born free ( ingenui ) and who had 
never been m slavery to a Roman, or persons who had once been slaves but had 
been emancipated ( libertini.) 

Omitting, for the present, the consideration of Servi and Libertini , who will 
form the subject of a separate section, we shall confine ourselves to Ingenui , that 
is, persons free and free-born, and who had never been in slavery to a Roman. 

Ingenui might be either (1.) Romani Cives , that is, members of the Roman 
state, or ( 2 .) Peregrini, that, is, persons not members of the Roman state, or 

(3.) Lat-im, a class who occupied a sort of intermediate place between Romani 
Lives and Peregrini. 


ROMANI CIVES. IUS CIVITATIS. 


The characteristic rights of Roman citizens were divided into— 1 Publica 
Iura. 2 . Privata Iura. 

The Publica Iura were comprehended under the three following heads 


RIGHTS OF ROMAN CITIZENS. 


81 


1. Ius Suffragii , the right of voting in the popular assemblies. 

2. Ius Honorum , the right of being eligible to all public offices, whether 
civil, military, or sacred. 

3. Ius Provocations , the right of appealing from the magistrates to the 
Comitia when impeached of any crime involving life, personal freedom, or a 
permanent loss of political and social privileges. 

The Privata lura were comprehended under two heads :— 

1. Ius Connubii , the right of contracting a regular marriage. 

2. Ius Commercii , the right of acquiring, transferring, and holding property 
of all kinds according to the Roman laws. 

Any one who was in full enjoyment of all these rights was a Civis Optimo 
lure ; and these rights, taken collectively, constituted the Ius Civitatis s. Ius 
Quiritium . 1 

It is evident from w r hat has been said in the second chapter, that, in the 
earliest ages of the state, the Patricians alone were Cives Optimo lure. The 
Plebeians did not enjoy the Ius Suffragii at all until included in the Classes 
of Servius Tullius. The Ius Provocations was first bestowed upon them by 
the Lex Valeria , passed B.C. 509, immediately after the expulsion of the kings; 
they were not admitted to the Ius Connubii until after the passing of the Lex 
Canuleia in B.C. 445; and the Ius Honorum was not gained without many 
desperate struggles, which were not brought to a close until B.C. 367, when 
the consulship was thrown open by the Lex Licinia. Within a few years from 
that date, in B.C. 337, the last civil barrier between the Patricians and the 
Plebians was broken down by the admission of the latter to the Praetorship, 
and in B.C. 300, the Lex Ogulnia threw open the priesthood also. 8 

Mode of acquiring the Ius Civitatis. —The Jus Civitatis , or, as it is very 
frequently termed, simply Civitas , was acquired in one of two ways— 

1. By birth. 2. By gift. To these we might add, 3. By manumission, 
which we shall discuss under the head of slaves. ( Ut sit civis aut natus sit 
oportet aut factus .) 3 

1. Cives (Natl.)—The child of two persons who could contract a regular 
marriage, ( iustum matrimonium ,) that is, who had reciprocally the Jus Con¬ 
nubii , was by birth a Roman citizen, provided both his parents possessed the 
Ius Civitatis. The position occupied by the children of parents who could 
not contract a regular marriage, in consequence of the absence of the Ius 
Connubii, will be explained fully when we treat of the law of marriage, 
(p. 250.) 

2. Cives (Facti.) —Foreigners ( peregrini ) might receive the Civitas as a 
gift, ( dare civitatem—donare civitate ,) either individually or as members of a 
community. The power of conferring this gift, at the period when the Civitas 
belonged exclusively to the Patricians, seems to have been vested in the King, 
acting with the consent of the Comitia Curiata; and the rapid increase of Rome 
in the earliest epoch, must be in a great measure ascribed to the liberality with 
which this gift was bestowed, 4 numbers having been received freely into the 

1 A distinction was drawn by the lawyers of the empire between the Ius Civitatis and the 
Ius Quiritium ; but it is uncertain, and of no practical importance in so far as the classical 
writers are concerned 

2 We must bear in mind that a considerable portion of the community, although unques¬ 
tionably members of the Roman state, and entitled to the appellation of Cives, were not 
Cives Optimo iwe. No youth, until he was of age to serve in the army, could exercise the 
suffrage; and Roman women, although strictly Cives Romanae, were under no circum¬ 
stances admitted to the Ius Suffragii nor to the Ius Honorum. 

3 QuintiL I. O. V. 10. § 65. 

4 Dionys. I. 9. Liv. IV. 4. Cic. pro. Balb. 13. 

G 


82 


CIVITAS—CIYITAS SINE SUFEEAGIO—AEliARII. 


ranks of the Patricians, (per cooptationem in patres ,) when the parties brought 
an accession of strength to the community. One of the most notable examples 
upon record was the admission of the whole Gens Claudia, six years after the 
expulsion of the kings. 1 As the power of Rome extended, the privileges con- 
Grrecl by Civitas, became more valued, were sought with eagerness and obtained 
wi . difficulty.. It was bestowed chiefly as a reward for faithful and efficient 
services, sometimes on individuals, and occasionally on whole communities: but 
uring the more flourishing period of the commonwealth, an express law, passed 
regu aily by either the Tribes or the Centuries, was indispensable. 2 Towards the 
close of the republic, the people occasionally delegated this power to some of their 
favourite leaders, such as Marius and Pompeius, while Sulla and Cmsar, when 
they obtained unconstitutional supremacy, exercised it freely, and apparently 
m rout challenge ; but this was after the privilege had become less valuable, 
m consequence of the admission of all the Italian states at the close of the 
soda war. Under the empire the power was assumed by the prince, and at 
wotM CaiaGa la bestowed the Civitas on all the free inhabitants of the Roman 

w*? iZT "T e C®eriiM.-:It sometimes happened that the Civitas 

0,1 u P on a state i Wlth a limitation excluding the lus Suffraqii, and 
as a necessary consequence, the lus Honorum. The first example of this on 
record was the honour conferred upon the inhabitants of Caere, in consequence 

i^r^ ng E eCeiVe n and hos P itabl 7 entertained the Yestal Virgins and their 
,bacra . at the time when Rome was captured by the Gauls —Primos autem 

su - frra V i \ iure Caerites me factos accepimm, concessumque illis 
IfJi Rom ? nae hon prem qmdem caperent sed negotiis tamen atque 
e ibus vacarent pro sacns hello Galileo receptis custoditisque 4 —and a similar 

lelTahT - g - anted !° Z Acerrani ’ B - C * 33 2.—Romani facti Acerrani 
lege ab L. Papino praetore lata qua civitas sine suffraqio data. 5 

Aerarss. But although the gift of the Civitas sine Suffraqio was a high 
compliment and a valuable privilege to the Caerites, it was, of course, a degra¬ 
dation foi a civis optvmo mre to be placed upon the same footing with tlfem 
since it implied the loss of an important portion of his rights. Hence, one of the 

Zilflna h- 11C1 the f Censo f marked their displeasure towards a citizen, was by 
omittin his name from the roll of the Tribe or Century to which he belonged 

and entermg’ it m a separate register. Those who in this manner were deprived 
of the Jus Suffragu were said referri in tabulas Caeritum: and Horace 

for ^iZcTasTo^ nersof ^ ^ The institutional name 

loi this class of persons was Aeraru; because, although reduced to an inferior 

position, they were still bound to contribute, as tax-payers, to the public treasury 

Ltr S ° rS ’ Whe " they - inflicted tUs P®^ were technically Stfd Se 
p r ‘ S. inter aerarios s. in numerum aerariorum ■ and on the 

“ th6y reinStated “ aemrius ia hk Position, TdZe)t 

1 Liv. II. 16. Suet. Tib. 1. 

3 See n Cic V pro Bal'b’ 4 , VI11 - 1 '• Cic. pro Balb. 8. 9. 2. 3. 24. 

XIII. 36. Dion C?ss b XLI 24 . 2 ' ^ mdeed the wh ° le s P eech ’ P ro Arch. 10. ad Fam. 

account. Compare afsb Liy 6 f^o' vrr ^ 0 °° H ° r ‘ EpP ' L vi ‘ 62, givGS a somewh at different 
3 Liv. VIII. 17 . • • i. iy. 

matk>rf tSflSf dplt *f° b VJ n, J*’ and ra,ional • “ -ur infer- 
divin. in Q. C. 3. Schol. Crua in Hor F J r ^ro au * h ?" tie , s are, Pseud. Ascon. in Cie. 
XXIV. 18. Cic. pro ClueS r t Uq 43: n de H Orat ' Valfllax II. K. ? VL 13 * ^ Li " IV ' 21 ' 


DEMINUTIO CAPITIS. 


S3 


This leads us to consider generally the various ways in which the Civitas 
might be forfeited or impaired. 

I'apnt. Status.-—The Caput of an individual, in the legal phraseology of the 
Romans, denoted his personal privileges as a free man, as a member of a family, 
and as the possessor of certain political rights; his Status was the position which 
he occupied in the community in virtue of his Caput. Hence the expressions 
Crimen Capitale — Indicium Capitis—Poena Capitalis do not necessarily imply 
a charge, a trial, or a penalty, in which the life of an individual was at stake, 
but one which involved the forfeiture or abridgment of his political and social 
rights. Any loss of this nature was termed Deminutio Capitis , and necessarily 
produced Status Permutatio. 

The jurists distinguished three degrees— 

1. Deminutio Capitis maxima. 2. Deminutio Capitis minor. 3. Demi¬ 
nutio Capitis minima . 1 

1. Deminutio Capitis maxima consisted in the loss of personal freedom, 
which implied the loss of Civitas , for a slave had no Caput and no Status. A 
Roman citizen might be sold into slavery for various offences connected with mili¬ 
tary discipline—for refusing to answer to his name when the consul was holding 
a levy 2 —for deserting to the enemy 8 -for mutilating himself in such a manner as 
to become incapable of serving. 4 Several instances occur in Roman history of 
Roman citizens being formally handed over by the Pater Patratus or chief of the 
Fetiales to an enemy, ( deditio per fetiales ,) in consequence of the state refusing 
to ratify the engagements which these persons had formed, or because they had 
been guilty of some breach of public faith ; 6 and thus the community at large were 
supposed to be relieved from the sanctity of the obligation ( exsolvi religione — 
ut religione solvatur civitas.) 6 A citizen might also be sold into slavery for 
wilfully avoiding enrolment in the censor’s books, in order to escape taxation ; 7 
and, according to the laws of the XII Tables, an insolvent debtor was liable to 
the same penalty, 8 but this was abrogated by the Lex Poetelia. 9 

When a Roman citizen was solemnly given over to an enemy by the Pater 
Patratus , it would appear that he forfeited his rights irrecoverably; but if taken 
prisoner in the ordinary course of war, they were only suspended. So long as 
lie remained in the hands of the enemy he was to all intents a slave; but if he 
was enabled to return home, in consequence of release or escape, he recovered 
his Status, by what, in legal language, was termed Postliminium or Ius Post- 
liminii . 10 

2. Deminutio Capitis minor implied loss of the Civitas , or at least of the 
full Civitas , without loss of personal freedom. This might happen in various 
ways. A Roman citizen might, in order to gain certain advantages, become a 
member of a Colonia Latina , or of another state, in which cases he ceased, ipso 
facto, to be a Roman citizen, and enjoyed, in reference to Rome, only those 
rights which belonged to all the members of the community to which he attached 
himself. 11 When a Roman citizen wished to escape from the penalty incurred 

3 Our great authority here is Gaius, I. § 159—163. see also Ulpian. Dig. IV. v. 11. 

2 Varro ap. Non. s.v. Nebulones et Tenebriones, p. 11. ed. Gerl. 

3 Liv. Epit. LV. 

4 Val. Max. VI. iii. 3. Suet. Octav. 24. 

5 e.g. Liv. Epit. XV. XXXVIII. 42. Epit. LVI. Val. Max. VI. iii. 3. VI. vi. 3. VI. vi. 5. 

6 Cic. pro Caec. 34. de Orat. I. 40. 

7 Cic. pro Caec. 34. comp. Liv. I. 44. 

3 Aul. Gell. XX. i. 47. 

9 Liv. VIII. 28. 

10 Cic. Top. 8. de Orat. I. 40. Dig. XLIX. xv. 5. 

11 Cic. pro Balb. 13. pro Caec. 33. 


84 


DEMINUTIO CAPITIS—INFAMIA—IGNOMINIA. 


by conviction in a criminal trial or otherwise, he betook himself to some foreign 
country, in which case he was said mutare solum—vertere solum—ire exsulcitum 
— ire in exsilium -—and his return was prevented by an order of the people, 
prohibiting him from the use of fire and water, (aquae et ignis interdiction so 
that he virtually forfeited all his political privileges as a Roman citizen, since 
he could have no opportunity of exercising them ; he did not cease, however, to 
be a Roman citizen, unless he procured admission into another state; but if the 
interdiction was removed, (ex exsilio revocaref) he might return and resume his 
former position. Thus, Exsilium is said by Cicero to be unknown in Roman 
law as the name of a punishment— exsilium enim non supplicium est sed perfu- 
gium portusque supplied , nam qui volunt poenam aliquam subterfugere aut 
calamitatem , eo solum vertunt , hoc est , sedem ac locum mutant —and so far it 
is true that sentence of Exsilium was never passed; but the going into banish¬ 
ment was a voluntary act, although followed up by measures which rendered 
absence compulsory. 1 Under the empire, however, two forms of banishment, in 
the ordinary acceptation of the term, were introduced, and became common. 
These were Relegatio and Deportatio. Relegatio consisted in simply sending 
away an offender from Rome to some place more or less distant, where he was 
compelled to remain, enjoying, however, personal freedom, and retaining his 
Civitas. There was in this case no aquae et ignis interdiction and hence, 
probably, the position of a relegatus was nominally better than that of an exsul; 
for Ovid, when speaking of his own banishment to Tomi, and praising the 
clemency of the emperor, declares (Trist. V. xi. 21.) 

Ipse relegati non exsulis utitur in me 

Nomine. 

Depoitatio, on the other hand, although it did not reduce the criminal to the 
condition of a slave, was accompanied with personal restraint, for he was usually 
conveyed to one of the small rocky islets off the coast of Italy, or in the Aegean, 
which were in reality state prisons. 

p\ Deminutio Capitis minima was in no way connected with Libertas or 
Civitas , but resulted in certain cases from a change of family (mutatio familiae.) 
Jhus, a citizen who was his own master, (sui iuris, ) if adopted into another 
family, became subject to parental authority (patria potestas .) There were other 
procedures which involved the lowest Deminutio Capitis , some of them depending 
upon mere legal fictions, but these do not require notice here. 

Infamia.— Closely connected in its results, but not identical with Capitis 
emvnutio minor , was the state called Infamia. If a Roman citizen was found 
guilty of a crime which involved personal turpitude, (turpi iudicio damnation 
a though the legal penalty might be only a pecuniary fine, such as theft, 

(furtum ,) wilful fraud, (dolus malus ,) assault or libel, ( iniuria ,) of an aggra¬ 
vated description, or if he followed any disgraceful occupation, such as the 
pioression of an actor or of a gladiator, he became, in the eye of the law, 
iif amis , and incapable of holding any honourable office— turpi iudicio damnati 
omm honore ac dignitate privantur 2 —although it cannot be proved, as some 
celebrated scholars maintain, that he forfeited the lus Suffragii. 

Ignominia , again,, was the result of the expressed disapprobation of the Censors, 
and persons who incurred their censure were said to be ignominia notati. This, 
m certain cases involved the loss of the lus Suffragii; but, as we shall explain 

1 Cic. pro Caec. 34 Orat. pro dom. 30. 

2 Cic. pro Cluent. 42. comp, pro Sull. 31. 32. 



PEREGRINI. 


85 


fully when treating of the office of Censor, the effects produced were only tem¬ 
porary,^ while in the case of Infamia they were permanent. 

PEREGRENI. 

The term Peregrinus , with which in early times Hostis (i.e. stranger) was 
synonymous, embraced, in its widest acceptation, every one possessed of personal 
freedom who was not a Givis Romanus. 

Generally, however, Peregrinus was not applied to all foreigners indiscrimin¬ 
ately, but to those persons only, who, although not Cives , were connected with 
Home. Thus, during that period of the republic which preceded the organic 
changes introduced by the social war, the term comprehended— 

1. All the free inhabitants of Italy who did not enjoy Commercium and 
Connubium with Eome. 

2. All the free subjects of Rome in the provinces, including persons belonging 
by birth to foreign states, but who had settled in the dominions of Rome. 

3. All the free subjects of states in alliance with Rome. 

4. All Romans who had either temporarily or permanently forfeited the Civitas. 

Persons who belonged to states at war with Rome, or to states which had no 

league or connection with Rome, were not properly styled Peregrini , but either 
Hostes , or Bcirbari , as the case might be. 

After the termination of the social war, all the inhabitants of Italy became 
Gives Romani , and the term Peregrini was confined to those included in the 
last three of the above classes. 

Peregrini resident at Rome were incapable of exercising any political functions, 
and, in the eye of the law, had no civil rights. Hence— 

1. They had no locus standi in a court of law, and could be heard only when 
represented by a patronus , under whose protection they had placed themselves, 
(cui sese applicuissent ,) 1 like the Clients of the early ages, who appear to have 
occupied, with regard to the Patricians, a position in many respects analogous 
to that in which, at a later period, the Peregrini stood in reference to the citizens 
at large. But although formally excluded from the courts in their own person, 
Peregrini had no difficulty, during the last two centuries of the republic at least, 
in obtaining redress for their wrongs; for, as we shall see hereafter, a judge 
(Praetor peregrinus) and a court of commissioners (Recuperatores) were 
appointed for the special purpose of taking cognizance of those suits in which 
their interests w r ere involved. 

2. They were prohibited from wearing the Toga, the national Roman dress. 2 
The object of this restriction was probably to prevent foreigners from fraudulently 
intruding themselves into the assemblies of the people and exercising the 
franchise. 3 

3. They could be expelled from Rome as often as seemed good to the Senate 
or people. 4 The object of this rule may have been to prevent them from taking 
part in any popular commotions. 

Peregrini dediticii , a term to which we must recur, denoted properly the 
inhabitants of a foreign state, who, having been conquered in war, surrendered 
at discretion. 

Hospitium. Hospes. —We may take this opportunity of adverting to a bond 


1 Cic. de Orat. I. 39. 

2 Plin. Epp. IV. 11. 

3 Dionys. VIII. 72. Pint. C. Gracch. 12. Appian. B.C. I. 23. 

4 Cie. de Off. III. 11. Appian. l.c. 


86 


HOSPITES—HOSPITIUM. 


of union which frequently subsisted in ancient times between individuals belonging 
to different states, and which is so often alluded to in the classical writers that 
it calls for explanation. In the earlier stages of society, especially in Greece 
and Italy, where the population consisted of numerous independent tribes con¬ 
stantly at variance with each other, every stranger was looked upon with 
suspicion, as likely to prove an enemy or a spy, and even in those cases where 
the personal safety of a traveller was not endangered, he must have found it 
difficult to supply his wants or procure shelter, in consequence of the absence of all 
places of public entertainment. Hence, it became common for a person who 
was engaged in commerce, or any other occupation which might compel him to 
visit a foreign country, to form previously a connection with a citizen of that 
country, who might be ready to receive him as a friend and act as his protector 
8uch a connection was. always strictly reciprocal. If A agreed to entertain 
and protect B when B visited A’s country, then B became bound to entertain A 
when A visited B s country.. An alliance of this description was termed Hospitium 
the parties who concluded it were termed Hospites hi relation to each other and 
thus the word Hospes bore a double signification, denoting, according to circum- 
>tances, either an entertainer or a guest. The obligations imposed by the cove¬ 
nant were regarded as of the most sacred character, and any treachery practised 
by one of the parties towards the other ( sacra hospitii temerare) was deemed 
sacrilege of the worst kind, entailing upon the perpetrator the direct wrath of 
Jupiter Hospitalis, the special guardian of these mutual duties, and their avenger 
when violated. One of the parties might, however, break off and terminate the 
Hospitium by a solemn and public renunciation, ( hospitium renunciare ,) of 
which we have a curious example in Liv. XXV. 18. 

The league of Hospitium , when once formed, was hereditary, descending from 
ather to son, ( paternum hospitium ,) so that persons might be hospites who 
had not only never seen each other, but whose ancestors, for generations, might 
have had no direct intercourse. In order to prevent confusion, suspicion, Sid 
iraud, when the affiance was in the first instance concluded, the parties inter¬ 
changed tokens, by which they or their descendants might recognise each other. 

is token,, called tessera hospitalis, was carefully preserved; and after any lapse 
o time an individual claiming the rights of Hospitium in a foreign land, souo-ht 
out his Ilospes and exhibited his tessera, which, if found correct, entitled him 
at once to the good offices which he required. We have an excellent illustration 
of the manner m which the system worked presented to us in the Poenulus of 
lautus, where a Carthaginian merchant, Hanno by name, arriving at Calydon 
in ibtolia, inqmres for his Hospes, whom he had never seen— 

Verum ego hospitium hie habeo: Anthidamae filium 
Quaero: commostra si novisti Agorastoclem. 

It happens that Agorastocles the person sought, is actually present, and upon 
his making himself known, the following dialogue ensues:_ 

Hanno. —Si ita est, tesseram 
Conferre si vis hospitalem, eccam, attuli. 

Agor.— -Agedum hue ostende: est par probe: nam habeo domi 
Man. 0 mi hospes, salve multum! nam mihi tuus pater 
rater tuus ergo, hospes Anthidamas fuit: 

Haec mihi hospitalis tessera cum illo fuit. 

Agor.— Ergo hie apud me hospitium tibi praebebitur 
JSI am haud repudio hospitium . 1 

1 Plaut. Poen. V. ii. 82. 


HOSr-ITES—LATINI. 


87 


Hospitium appears to have been originally confined to individuals, and to 
have been purely a private compact for mutual convenience; but in process of 
time, among both the Greeks and Romans, it became common for a state, when 
it desired to pay a marked compliment to any individual, to pass a resolution 
declaring him the Hospes of the whole community. Such a person was termed 
Hospes Publicus. Thus, Cicero tells us (In Yerr. IY. 65.) that the Senate of 
Syracuse conferred this honour on his cousin Lucius— Decernunt statim ut cum 
L. fratre hospitium publice jieret , and again (Pro Balb. 18.) Gaditani cum 
L. Cornelio hospitium publice fecerunt. So also the Rhodian ambassadors, in 
their speech to the Roman Senate, (B.C. 189. Liv. XXXYII. 54.) explain the 
position in which they stood towards Eumenes by stating, cum quo uno maxime 
regum et privatum singulis , et, quod magis nos movet , publicum civitati nostrae 
hospitium est. 

It is almost unnecessary to point out that Hospes and Hospitium are perpetually 
employed in a general sense by the best writers, the former denoting a stranger , 
or a guest , or an entertainer , the latter the reception or entertainment of 
strangers or guests , or a place of entertainment or shelter , without reference to 
the technical meaning. So also the adjective Hospitalis. 

LATIN!. 

It is well known that towards the close of the kingly era, Rome stood at the 
head of the Latin confederation; and although even then Connubium did not 
exist between Rome and the Latin states, they must have had certain reciprocal 
rights and privileges, amounting probably to Commercium. After Rome had 
ceased to be recognised as the head of the Latin confederation, and an unbroken 
series of wars had removed all traces of ancient friendship, the various Latin 
towns and states, as they one by one fell under the sway of Rome, were admitted 
into alliance (recepti in societatem ) on terms which differed for almost every 
individual community. Hence, during the more flourishing epoch of the republic, 
the term Latini is employed merely to describe those inhabitants of Latium who 
were not Roman citizens, and does not denote any uniform standard of rights 
nor any definite political position. But after the whole of Italy had received the 
Civitas , at the close of the social war, the term Latini was introduced by jurists 
to denote the inhabitants of states who were not Roman citizens, but who 
enjoyed certain privileges, short of the full Civitas , in virtue of which they 
occupied a position intermediate between Gives and Peregrini. What these 
privileges were is a question which has given rise to much discussion; hut it 
seems probable that they comprehended the Iura Privata , that is the Jus 
Connubii and the Ius Commercii , to the exclusion of the Iura Publica. 

The term employed to designate these rights was Ius Latii or Latinitas , 
(Cic. ad Att. xiv. 12.) or simply Latium , for Pliny (H.N. III. 20.) mentions 
certain Alpine tribes as Latio donati. 

The Ius Latii was bestowed, soon after the social war, upon all the Trans- 
padani, and by Yespasian upon all Spain (Plin. H.N. III. 4.) 

Closely connected with the subjects which we have been discussing in the 
preceding paragraphs, is the political position of those towns which were desig¬ 
nated respectively by the terms Coloniae — Municipia—Praefecturae , and these 
we shall consider in succession. 


88 


COLONIES. 


COLONIAL. 1 

As the Romans gradually extended their conquests over Italy, each state which 
, ? i a dete ™ med resistance to their arms, was, when subjugated, generally 

depnved of a portion of its territory. A part of the territory thus acquired 
was usually retained, under the administration of the Senate, as a source of 
revenue, and another portion was frequently divided among the poorer Roman 
citizens, who quitted Rome, established themselves in the chief town of the 
conquered country, and took possession, as cultivators, (whence the name colonL) 
of the land assigned to them. A settlement of this kind was called a Colonia, 
and these being spread every where over the conquered districts, answered 
many important purposes. They served to keep the vanquished races in check 
and were m reality so many permanent posts of occupation, or, as Livy and 

Ciceio term them, garrisons, fortifications, and watch towers (praesidia _ 

propugnacula speculae.) They, at the same time, tended to diffuse widely the 
language, laws and institutions of Rome, and to pave the way for a general 
amalgamation They were excellent nurseries for hardy and well trained 
soldiers, and, finally, they provided an outlet for the more needy portion of a 
rapully increasing population. Indeed, in later times, after Italy and Cisalpine 

nn mi had ,f )m l )letel A i subdued,. colonies were very frequently formed with 
o other object than to make a provision for a poor and discontented populace • 
and on many occasions, when there was no newly acquired territory available’ 
a portion of the Ager Pubhcus , or land which was the property of the state’ 

Agrarian^aws. ° “ ^ ° f "**"* W6 " -turn^Er^ ofthe 

n Jill®" h had b i 6en res ? 1 1 ved t0 P lant a colony, ( coloniam deducere ,) a law was 
passed m accordance with a resolution of the Senate, (ex senatus consulto \ 
xing the quantity of land to be set apart, and the manner in which it was to 
be divided. This law served as the foundation charter, (formula.) and specified 
among other matters, the burdens to be borne by the colonists, and especially the 
contingent of troops which they were to become bound to furnish. At the same 
time, commissioners, (curatores,) two or more in number (duumviri triumviri 
agro <Wo colomae deducendae agroque dividundo ,) were nominated to lead 

Pffppi+L S6tt e . 1S .’ andt P ™ ake a11 the arangements necessary for carryino- into 
effect the provisions of the law. These were generally persons of high standing • 

they were elected by the people in the Comitia, and their office lasted for thiee ald 
ST f ° r ^ JearS ’ 2 3 ^ Which ^ exercised^ supreine juris- 

werede f 0us t 0 join the settlement were invited to give in their 
names, ( dare nomma ) and when the list was filled up and all the melLkS 
auanged, the whole body marched forth in military array, with colours flying- 
(sub vexiUo ) to take possession of their new homes. When no citv or fortified 
ife^yexisM which they could occupy, a new town ^ 

devices itrr ? 6SCribed; (P* 4 0 and one ofthe most common 

ev ces upon colonial coins is a representation of the founder tracing out the 

walls or the boundaries ofthe city with the plough. * 6 

Opuscufa/Tor^.^'p 8 290 >e Tom t * IlT n** 79 in n the Thesaurus of Graevius; Heyne, 

3n his Opuscula Academica; and Rein’ s v^ColoSia ^th^F™ P ^' lur ^. et conditi one’ 
thumswissenschaft. ’ V ' Lotoma ’ m the EncyclopaediederAlther- 

2 Liv. XXXII. 29. XXXIV. 53. Cic de W aer TT 11 la 

3 Cic. Phil. II. 40. de leg. agr. II. 32 S ’ 13> 


COLONIES. 


89 


. colonies, in so far as their political privileges were concerned, were divided 
mto two classes— 

1* Co Ionia e civium llomanorum. 2. Coloniae Latinae. 

1. Coloniae civium llomanorum consisted exclusively of Roman citizens 
( coloni ab urbe missi) who retained all their rights and privileges. The colonies 
first planted were of this description, such as Velitrae and Lavici— Volscis 
devictis Veliternus ager ademtus: Velitras coloni ab urbe missi et colonia 
deducta. (Liv. II. 31.) Senatus censuit freauens coloniam Lavicos deducendam: 
coloni ab urbe mille et quingenti missi bina iugera acceperunt. (Liv. IV. 47.) 

. Jhe Coloniae Maritimae belonged to this class, being colonies of Roman 
citizens, and were distinguished only by their position on the sea coast, and by 
some peculiar exemptions which the inhabitants (coloni maritimi) enjoyed or 
claimed. (Xiv. XXVII. 38. XXXVI. 3.) Ostia, Antium, Anxur, Mintumae, 
omuessa, and several others were maritime colonies. 

2. Coloniae Latinae consisted of a mixed body of Romans and members of 
some of the Latin states. In this case, the Roman citizens who joined such a 
community suffered a deminutio capitis , and lost the full civitas; for these colonies 
had only Commercium and Connubium with Rome, but not Suffragium . 1 
Bononia was a colony of this description— Eodem anno [B.C. 189.] a. d. III. 
Kal. Ian. Bononiam Latinam coloniam ex senatus consulto L. Valerius 
Flaccus, M. Atilius Serranus , L. Valerius Tappus triumviri deduxerunt: 
tria millia hominum sunt deducta: equitibus septuagena iugera, ceteris colonis 
quinquagena sunt data. Ager captus de Gallis Boiis fuerat: Galli Tuscos 
expulerant. (Liv. XXXVII. 57.) 

Both alike had a regular government for the administration of justice, and 
the regulation of their internal affairs, which was an imitation, on a small scale, 
of the government at Rome— {effigies parvae simulacraque populi Romani — 
Aul. Gell. XVI. 13.) They had a senate, the members of which were termed 
Decuriones or Senatores. Their chief magistrates, usually two in number, but 
sometimes four, and hence styled Duumviri or Quatuorviri , were elected annually 
by the colonists, and might be regarded as representing the consuls of the 
republic, and, in fact, were in some colonies designated Consules , and in others 
Praetores. There were also various subordinate magistrates, such as Quin- 
quennales , corresponding to Censors; Aediles , Quaestor es, and others. Not 
only their laws but their sacred rites were those of Rome, and therefore the 
ministers of religion were Pontijices , Flamines and Augur es, as in the mother 
city— Iura institutaque omnia populi Romani non sui arbitrii liabent. fAul 
Gell. XVI. 13.) v 

When a colony was established in a town already existing, the population 
must have consisted of two distinct classes. 1. The new coloni. 2. The old 
inhabitants. How far the latter shared the privileges of the former it is impossible 
to determine ; but we cannot doubt that they occupied an inferior position, and 
were compelled to exchange their own laws and institutions for those of their 
rulers. In process of time, however, a certain degree of fusion would take place, 
and in some cases we find that the union became so close that the combined 
population revolted and attempted to throw off the Roman yoke. (Liv. VIII. 14.) 

After the termination of the social war and the passing of the Lex Iulia and 
the Lex Plautia Papiria , the distinctions between the Coloniae civium Rom- 
anorum and the Coloniae Latinae , as well as any inequality in the social and 

1 Cic. pro Caec. 33. Orat. pro dom. 30. Liv. XXXIY. 42. 53. XXXV. 9. XXXIX. 55. 


90 


COLONIES—MUNICIPIA. 


political position of the different races in the same colony, were completely 
removed, in so far as Italy was concerned, and all alike were admitted to a full 
participation in the rights and privileges of Roman citizens, and the same 
advantages were gradually extended to the colonies in the provinces, until, by 
the edict of Caracalla, the full Civitas was bestowed on all the free inhabitants 
of the Roman empire. 

Coloniae Militares. —Although the colonies described above were highly 
serviceable in a military point of view, they differed in their origin from the 
Coloniae, Militares , which were composed entirely of veterans, who received 
allotments of land as a reward for then' services. The first example of a colony 
of. this description was the grant to the soldiers who, under the command of 
Scipio, brought the second Punic war to a happy conclusion; but the practice 
did not become common until towards the close of the republic, from which time 
forward it was the ordinary mode of providing for the legionaries whose period 
ot service had expired (Tacit. Ann. I. 17. XIV. 27.) The oppression and misery 
to which these distributions gave rise dining the civil wars of Marius, Sulla, 
Cagsai, and the Triumvirs, are familiar to every reader of history 5 and the 
downfal of the republic was certainly hastened by the estrangement of Pompeius 
fiom the Senate, caused by the opposition which they offered to his scheme of 
dividing the public land in Campania among the soldiers who had served under 
his command in the East. 

After the accession of Augustus, the military colonies were planted in the 
provinces as a matter of necessity, and not unfrequently on the disturbed frontiers 
as a matter of policy. 

Finally, it is to be remarked, that under the empire, various provincial towns 
were permitted, as a mark of favour, to style themselves Coloniae , the word, 
when thus employed, being merely a complimentary title. 


MUNICIPIA . 1 

Many towns in Italy, especially in the immediate vicinity of Rome, formed, at 
a very early period, an alliance with Rome, upon terms of perfect equality; (foedus 
aequum; ) many others submitted to the Roman arms without a straggle, or 
yielded after a slight resistance, or succeeded after a protracted contest, in 
securing an honourable treaty. The whole of these were comprehended under the 
general name of Municipia , and their inhabitants were designated as Municipes 

^ lds c ? m P° undcd Mania and Capere. Two characteristics were common to 
all Municipia— 

1. The inhabitants of a Municipium, if they came to reside at Rome, were 
liable to the same obligations and burdens (munia) as ordinary Roman citizens 
and hence the name. 

2 . The Municipes themselves administered the internal affairs of their own 
town. 

Eventually, all the states of Italy which were not absolutely annihilated in 
war, or held m check by colonies, or actually incorporated with and swallowed 
up by Rome, so as to lose all independent existence, (such as Aricia—Caere— 
Anagnia,) entered into an alliance (foedus ) of tome sort with Rome. The terms 
ot this league would necessarily vary according to the circumstances of each 


J.%? Mumc,pal - *>“• 1849 - is. JtEkufbS: 


MUNICIPIA. 


91 


individual case; and a multitude of minute distinctions and gradations would 
and did prevail in their position relatively to the ruling power. The same state 
might, moreover, occupy a very different position at different periods in conse¬ 
quence of receiving additional privileges as a reward of fidelity, or in consequence 
of being deprived ot former advantages as a punishment for disaffection or revolt. 
Of the latter we have a conspicuous example in Capua. 

Although it is now impossible to ascertain what these distinctions may have 
been in each particular case, we can, at all events, divide Municipia into three 
well defined classes. 

1. Municipia enjoying Isopolity. In these there was simply an alliance on 
equal terms between Rome and one of the neighbouring towns, in virtue of which 
Connubium and Commercium were established, so that intermarriage was freely 
allowed ; and if a citizen of one of the two states forming the league took up 
his residence in the other, he enjoyed all the privileges of a native, in so far as 
private rights were concerned, but was excluded from the popular assemblies and 
from all share in the government. This relation is very similar to what the 
Greeks termed urowoTure/es, and hence the name given above, which has been 
adopted by many modern scholars as convenient and appropriate. To this class 
belonged the Municipia of the earliest period, and in it were included the Latin 
and Hemican towns, with which Rome formed a very close connection in the 
treaties concluded by Sp. Cassius, B.C. 485, and B.C. 479. But after the great 
Latin war, (B.C. 840,) quickly followed by the complete subjugation of Latium, 
this class of Municipia may be said to have disappeared altogether, and the 
Isopolite treaties to have been cancelled; for although some towns may have 
nominally retained their former position, their most important privilege, namely, 
independence in their foreign relations, was now lost; and from this time forward 
all Municipia , however favourable the terms of their alliance, were in reality the 
subjects of Rome, and necessarily belonged to one or other of the two following 
divisions:— 

2. Municipia sine Suffragio. 1 —These enjoyed Connubium and Commercium 
with Rome, but could not vote in the popular assemblies, nor be elected to any 
political office in the city. They retained the internal regulation of their own 
affairs, which were administered by a senate, ( decuriones ,) elected their own 
magistrates, administered justice according to their own local laws and usages, 
(leges municipals,} and worshipped what divinities they pleased according to 
their own rites ( municipalia sacra.} 

3. Municipia cum Suffragio enjoyed the same privileges as the foregoing, 
with this addition, that all the Municipes were enrolled in a Roman tribe, and 
accordingly, when resident at Rome, were Gives Romani optimo iure. To this 
class belonged Tusculum and Arpinum; the inhabitants of the former were 
enrolled in the Tribus Papiria , of the latter in the Tribus Cornelia. (Liv. 
Vffl. 37. XXXVIII. 36.) 

It is a matter of some doubt whether the Municipia belonging to this class 
were not compelled to adopt the Roman laws, to the exclusion of their own 
provincial codes. It is certain that some did, although this may have been a 
voluntary act, and it is clear that all Municipia must have been bound by all 
laws enacted at Rome which did not refer to mere local interests. 

The inhabitants of Municipia cum Suffragio being all enrolled in Roman 
tribes, would be liable to pay taxes and to serve as soldiers in the legion on 


1 See Liv. IX. 43. 45. 


92 


MUNICIPIA—PRAEFECTUEAE. 


the same footing as citizens actually residing in Rome, while the obligations 
imposed upon the other Municipia were determined by the stipulations contained 
m their treaties of alliance, (ex foedere,) and those of the colonies by their 
foundation charter (ex formula .) Hence, the Municipia sine Suffraqio seem 

to have been comprehended under the general title of Civitates Foederatae or 
Populi Foederati . 1 

Municipia after Social War— With the Lex Iulia and the Lex 

lautia Papiria , both passed immediately after the social war, a new era 
commenced in the history of the Municipia . All the cities in Italy now became 
Municipia cum Suffragio; and the distinctions between Municipia and Coloniae 
were, m a great measure, removed. Thus, we find Placentia, Cremona, Suessa, 
limn, - and many other colonies styled Municipia after this epoch; and 
although the term Colonia : was still applied to towns in Italy even subsequent 
to the reign of Augustus, it was more usually employed with reference to the 
provincial _ colonies. In process of time, many cities in foreign countries, 
especially in Spain, were raised to the rank of Municipia , 3 until, by the edict 
ol Caracalla, bestowing the Civitas upon the whole of the free inhabitants of the 
Roman world, the privileges implied by the name were extended to all. 

Populi Fundi —It would appear that the Lex Iulia merely offered the full 
Civitas to those towns in Italy which chose to accept of it; and when the offer 
was accepted the inhabitants were said to become fundi , (i.e. auctores ,) to 
become parties to the law in question, and hence the term Populi Fundi. To 
this Cicero alludes when he says —accusator . . . negat, ex foederato populo, 
quemquam potuisse, nisi is populus fundus factus esset, in banc civitatem 
venire. And again— Ipsa denique Iulia , qua lege civitas est Sociis et Latinis 
data, Qui fundi populi facti non essent, civitatem non haberent. In quo 
magna contentio Heracliensium et Neapolitanorum fuit , cum maqna pars in 
iis civitatibus foederis sui libertatem civitati anteferret . 4 


PRAEFECTUEAE. 5 

The characteristic of a Praefectura , from which it received its name, and by 
which it was distinguished from an ordinary Colonia or Municipium , was, that 
the chief magistrate was not chosen by the citizens of the town, but that a 

Praefectus mn dicundo was sent annually from Rome to administer justice_ 

a circumstance which seems to indicate that in such towns Roman law was 
employed exclusively, since a Roman officer, appointed annually, could scarcely 
have been qualified to decide controversies according to the principles and practice 
of a provincial code. The definition given by Festus is clear and satisfactory- 
P) aejecturae eae appellabantur in Italia in quibus et ius dicebatur et nundmae 
agebantur et erat quaedam earum res publica, neque tamen magistrate suos 
habebant: in quas Ins legibus praefecti mittebantur quotannis qui ius dicerent. 6 
Consequently, all towns m Italy which did not enjoy the privilege of electing 
their own magistrates and administering their own affairs, would fall under the 
head of Praefecturae. But although this seems unquestionable, there appears to 

1 See particularly Liv. IX. 43. 45. 

2 Cic. in Pison. 23. Philipp. XIII 8- Tacit. Hist. III. 34. Caes B.C III 22 

towns : hS^23Srt nnkno "' , ' !r - Gree<:e * nd A si». "lie™ all ihe principal 

4 Cic. pro Balb. 8. 

® Savigny, in his Geschichte des Roemischen Rechts, Sec. first pointed out the true nature of 
mST^nd Zumpri.c! S0 S,S ° mUS) 1)6 ant ^ U ° M^dvig, in 

6 Festus s.v. Rraefecturae, p. 233. 


PRAEFECTURAE, &C. 


93 


be no good grounds for the conclusion at which all the earlier writers on Roman 
antiquities have arrived, that a Prefectura was necessarily in a position far 
inferior to a Colonia or a Municipium. It is true that Capua, the example upon 
which they chiefly rely, was made a Praefectura , when recovered after its revolt 
to Hannibal; and it is evident, that when a Colonia or a Municipium was, as a 
punishment, deprived of the right of administering its internal affairs, it must 
have become a Praefectura. Thus, when after the revolt and capture of 
Privernum, (Liv. VIII. 19-21,) the inhabitants became Roman citizens, we 
cannot doubt that they lost all right of internal government, and that their town 
became a Praefectura ; and something of the same kind took place with regard 
to Anagnia (Liv. IX. 43.) But, on the other hand, it is equally certain that 
many towns were Praefecturae which never incurred the displeasure of the 
Romans, and which could not be regarded as holding a degraded or inferior 
position. Volturnum, Liternum, and Puteoli in Campania were all Coloniae 
civium Romanorum , and, at the same time, Praefecturae. In like manner, 
Fundi, Formiae, and Arpinum are included in the list of Praefecturae; but 
these were at first Municipia sine Suffragio —they then became Municipia 
cum Suffragio , and may very possibly have passed into Praefecturae when 
they adopted fully the Roman code. In like manner, we shall find in Festus 
several towns specified as Praefecturae which are elsewhere mentioned as Muni¬ 
cipia, some with and some without the Suffragium. Moreover, although all 
towns which possessed no independent jurisdiction were Praefecturae, it by no 
means follows that all Praefecturae had entirely forfeited internal jurisdiction: 
the only fact indicated by the name being, that the chief magistrate was a 
Praefectus, sent from Rome instead of the Duumviri, Quatuorviri, Consules or 
Praetores of ordiuary Municipia and Coloniae. We may conclude, therefore, as 
in the case of Municipia, that the term Praefectura includes a wide range, and 
that the actual condition of the towns where justice was administered by Praefecti 
would depend entirely upon their history. 

We gather from the passage in Festus already referred to, that there were ten 
Praefecturae in Campania, and that, for the administration of justice in these, four 
Praefecti were appointed annually by the Roman people; while the Praefecti for 
the other Praefecturae scattered over Italy, were nominated annually by the 
Praetor TJrbanus. 

After the passing of the Lex Iulia and the Lex Plautia Papiria , all Prae¬ 
fecturae in Italy, as well as the Municipia and Coloniae, received the full Civitas. 
Great changes were necessarily introduced, at this period, into the internal 
administration of the provincial towns; and although many retained their 
ancient title of Praefecturae, they were no longer under the jurisdiction of 
Praefecti. The magistrates of Arpinum, in the time of Cicero, were Triumviri 
aediliciae potestatis ; 1 those of Cumae, Quatuorviri; 2 while Horace speaks of 
a Praetor at Fundi; 3 yet all of these at an earlier period were Praefecturae. 

Oppida. IFora. Concilsabula. Vici. CasSella.—Each of the Coloniae , 
Municipia and Praefecturae , was, for the most part, the metropolis of a con¬ 
siderable district, which contained numerous small market towns and hamlets, 
distinguished by one or other of the above names; and these occupied the same 
dependent position, with regard to their own Municipium or Colonia, which 
the villages round Rome occupied in regard to the great city. 

s 

1 Cic. ad Fain. XIII. 11. Val. Max. VI ix. 14. 

2 Cic. ad Att. X. 13. the words, however, are not quite distinct. 

3 Hor. S. I. v. 34. 


% 


V 


94 


SLAVES. 


So 1 c ! 1 * *I° men ]Latinum —During the period which intervened between the 
complete subjugation of Italy and the social war, the citizens of all those Italian 
states whose members did not enjoy the full Roman Civitas, were comprehended 

of Romp G - 8 'r aI ap - Pe atl ? n ° f f )Cn ' a term subs equently applied to the subjects 
JSZfto . pr0 IT eS al f°* Ia . cons equence, however, of the close connection 
which had subsisted from the earliest times between Rome and the Latin con¬ 
federacy, the citizens of the towns who formed that league, and of the Coloniae 
T some r times distinguished from the rest of the Socii as Latini-Socii 
m f-fi 1 , Nom ™ Latinum Socii Latim nominis , and must be carefully distin- 

S ill i° m i m ^ berS r° f tbose states who ’ a f ter the social war, enjoyed the 
legal lights designated as lus Latn—Latinitas—Latium. See above p. 87 . 

Having now taken a rapid view of the position occupied by the different 
classes of persons subject to the dominion of Rome, in so far as Inqenui are 
concerned, we proceed to consider the condition of those who were eithe? actually 

( Servh ) or ^ h . 0 ’ baling been once slaves, had obtained their freedom 
(libei tm,) reserving all farther observations with regard to the free inhabitants 

magistrates^ 11 PR " m0 “* ^ We S “ have S™ account of^the “ 


SERVI. 


, . A p lien re g a "M as a person bound to obey the commands of a master 
was called Servus; when regarded as a piece of property, Mandpium when 

Xls Z k^ttTe” 10 '^ renaKs; v *n P reg^ed“rTdomSS 

• , i .. ' ’ these woids, in ordinary language, were considprpnl 

• t ^ changeable ’ and were employed without distinction. The whole body of slaves 

• one mansion was comprehended under the designation Familia. One slave 
however, did not constitute a familia , nor even two, but fifteen certainly did— 

frmfudum but thfrorm P ° PUl T est V t f dem servi ' familia >• mide ™ <*«*, 
t?a bod“f ^yen 2 h apphed t0 a a * b y Seneca; 

Persons might become slaves in different ways — they might be bom in tbp 

zza%!£* been bora free ’ migh ‘ be 

X d iw r b0m (in ^ C tuseo? “re™ 

lory* will be found irTthe foflowing work?- & PiefoSu&^^S 8 ** a,1 t periods of fheir his. 
ministerns. Popma, lie operis Sp7von,m ’7-^ T? , ’ P e .Servis et eorum apud veteres 
Liviae Augustae. Blai a. An inquir^inm th? Llbertorp ™ et Servorum 

1833 Becker, Callus, dritterT'curs ^r l Sl rf * Rom ans, Edinb 

publicis, Berol. 1844. The three first mentdLLw E . e ? sn ! :r * De Servis Romanorum 

Polenus to the Thesaurus of Graevius. ntl0ned tracts W]11 be f °und in the Supplement of 

3 Cic! de°N C D C lTl, i ?8. D?ge S st \ ^5 XL h^q 1 i P r? 8 i f 2 ’ Senec ' E PP- 27. 
see Tacit. Ann. XII. 53. Suet Vesp/lf. Gaius I § 82-86. 


SLAVES. 


95 


either retained for the service of the state, and employed in public works, or 
were sold by auction. The practice, in early times, was to expose captives for 
sale with chaplets round their heads, and hence the phrase, sub corona vendere 
s. venire , i.e. to sell, or to be sold, for a slave. The chaplet indicated that the 
seller gave no warranty (id autem signum est nihil praestari a populo.) 1 

3. By Judicial Sentence. —In certain cases freeborn Roman citizens were 
condemned to be sold as slaves, as a punishment for heinous offences. See above, 
under Capitis deminutio maxima , p. 83. 

Condition of a Slave.— A slave had no personal nor political rights. He 
was under the absolute power (dominium—potestas dominica ) of his master, 
( clominus ,) who could scourge, brand, torture, or put him to death at pleasure. 
Under the republic there was no restriction whatsoever placed on the caprice or 
cruelty ot masters, except the force of public opinion. An attempt was made by the 
emperor Claudius to put a stop to some revolting barbarities in relation to the 
exposure of sick slaves ; but it was not until the reign of Hadrian that a master 
was forbidden to put his slave to death, unless condemned by a court of justice— 
an ordinance confirmed and enforced by Antoninus Pius. 2 The Lex Petronia , 
ot uncertain date, but probably belonging to the reign of Augustus, in terms of 
which, a master was prohibited from compelling his slave to fight with wild 
beasts, seems to have been the first legislative enactment of a protective char¬ 
acter. 3 

Coutubernium. —A slave could not contract a regular marriage; but any 
connection which he might form with one of his own class, was termed Contu- 
bernium. 4 The offspring of these alliances were the Vernae. 

Names given to Slaves.— A slave was named according to the fancy of his 
master, not in the Roman fashion, however, with Praenomen and Nomen, but 
from his country, or some other characteristic, or in many cases the name was 
altogether fanciful. Hence such appellations as Syrus, Phryx , Geta, Afer, 
Tiro , Davus , Dama , Castor , Croesus , &c. In the earlier ages, they seem to 
have received a designation from the name of their masters, thus, Marcipor , 
(i.e. Marci puer ,) Quintipor , (i.e. Quinti puerj) Lucipor , (i.e. Luci puer.) 
See Quintil. I. 0. I. 4. § 7. Plin. H.N. XXXIII. 1. 

Injuries to Slaves.— A slave being regarded as a thing rather than a person, 
if he were insulted, or assaulted, or killed, the law did not regard this as a 
wrong done to the slave, but to his master, who might bring an action, under 
the Lex Aquillia , for the injury suffered by his property . 5 Again, if a slave 
was guilty of any offence against the property of another person, such as theft 
or assault, the master of the offender had it in his option either to make com¬ 
pensation to the injured party, or to give up his slave to be dealt with by the 
public authorities— domino damnati permittitur aut litis aestimationem suffer re 
aut hominem noxae declere. 6 

Peculium.— It follows as a necessary consequence, from what has been said 
above, that no slave could acquire property independent of his master, and that 
if a slave obtained possession of money or objects of any description, his master 
might at any time seize and appropriate the whole . 7 But although this was 

1 Aul. Gell. VII. 4. Fest. s.v. Sub corona, p. 306. Liv. V. 22. Caes. B. G. III. 1. 

2 Gaius I. § 52. 53. Suet. Claud. 25. Dion Cass LX. 29. Spartian. Hadrian. 18. 

5 Aul. Gell. V. 14. Digest. XVIII. i. 42. XLVIII. viii. 11. 

4 Plaut. Cas. prol. 67. 

o Gaius III. § 21 i. Digest. IX. ii. 

6 Gaius III. § 222. IV. § 75. Instit. IV. 8. 

7 Gains I. § 52. II. § 87. Ulpian. frag. XIX. 


96 


SLAVES. 


the letter of the law, it was almost universally the practice to allow a slave 
to retain any property which he might have acquired honestly. The hoard 
formed in this manner was termed the Peculium of the slave, and sometimes 
amounted to a sum which enabled him to purchase his freedom . 1 Occasionally 
a slave purchased a slave for himself, who was termed his Vicarius ,• 2 and the 
Vicarius might have a Peculium. But according to the strict principles of the 
law, the Peculium of the Vicarius belonged to the slave who was his master, 
while both slaves and their Peculia were at the disposal of the free master. 

Slave Dealing. —In addition to the public sales of prisoners, which gener¬ 
ally took place at the seat of war, slave-dealing became, towards the close of the 
republic, and under the empire, a very common and lucrative trade, prosecuted 
by a class of persons called Mangones s. Venalitii , who collected slaves from all 
quarters, and disposed of the least valuable portion of their stock ( mancipia 
viliora ) in open market, and of the more precious in private shops ( tabernae .) 
Those sold in the market were stripped and exhibited in a sort of wooden cage, 
called Catasta, where intending purchasers might examine and handle them^in 
order to ascertain whether they were sound and in good condition. A label 
(titulus) was attached to the neck of each, describing the age, country, qualities 
and defects of the individual, and whether he was new ( novitius ) or had pre¬ 
viously been in servitude; {ceterator;) those belonging to the latter class being 
less valuable, from a belief that they were more likely to be idle and cunning. If 
the representations contained in this statement were afterwards discovered to be 
false, the purchaser might raise an action of damages against the seller. If the 
seller declined to give any warranty, ( praestare ,) the slave was exposed for sale 
with a cap upon his head ( pileatus .) Slaves newly imported from abroad had 
their feet whitened ( gypsatos s. cretatos pedes.) When put up to auction, the 
prcieco placed them on an elevated stone, so as to be visible to all, and hence 
Cicero calls two of his opponents, who had been openly and notoriouslv bribed 
duos de lapide emtos tribunos. 3 

Drice Of Slaves—The price of slaves must, as a matter of course, have 
varied at different epochs, according to the abundance of money, the demand, and 
the supply. But it would be as impossible, even in reference to any given time 
to name a definite sum as the value of an article varying so much in qualitv, as 
it would be in our own day to fix, in general terns, the cost of horses. In the 
Augustan age, it would appear that a common domestic slave, possessed of no 
particular merits, would fetch from sixteen to twenty pounds sterling, while one of 
a highei older, such as a skilful workman, was worth three times as much . 4 But 
when individuals endowed with rare and valuable accomplishments came into 
the market, they brought fancy prices, regulated by accident only and the caprice 
ot the purchaser. Under the early emperors, beautiful youths, Asiatics especially, 
were in great request as pages ( salutigeruli pueri) and cupbearers. Such, if we 
can believe Martial, were worth between eight and nine hundred pounds, or even 
double that amount ( centenis quod ends pueros et saepe ducenis ;) and Plinv 
tells us that M. Antonins gave the latter sum (200,000 sesterces) for a pair of 
boys, uncommonly well matched, and represented (though falsely) to be twins s 


J TaeU. Ann XI V. 4 2 . Gains IV. § 78. Digest. XV. i. 53 . 

„ Djgo&t. 2 ^’ 1 12' £ H lt ' As * n - It* 28 Cic. in Verr. III. 28. Martial II xviii 7 

3 Cic. in Pison. 15. de Off. III. 17. Aul Gell IV 2 V 1 T 4 , PW nr 

59; Propert IV ’ v - 51 - H °r- S. II. iii 285. Epp Vii. H Pens S V 1^77 j, v 
fe. I. 111. Martial. VI. 6 . IX. 60. Digest. XVIII. i 19 43 XIX i 13 XXI i Y ,</'J, Y 

4 Her. S. II. vii. 43. Epp. II. ii. 5 . Columell. R. R. III. 3. XXL ’’ L ,9 ’ 3L 37 ‘ 65 ’ 

6 Juv. S. V. 56. XI. 145. Martial. III. 62. XI. 70. Plin. H.N. VII. 12. 


SLAVES. 


97 


Nniwber of Slaves.—In the days of primitive simplicity, the number of 
slaves possessed even by the wealthy was exceedingly small, and individuals of 
distinction had frequently not more than two or three to provide for their wants . 1 
At this period also, the great majority of agricultural labourers were freemen, 
and all ordinary trades were plied by Roman citizens. Before the passing of the 
Licinian Rogations, however, (B.C. 367,) slave labour began to preponderate in 
the comitry, an evil which went on increasing, notwithstanding the efforts made 
to remedy it, until, in the seventh century of the city, the estates of extensive 
landowners were tilled almost exclusively by slaves; and before the close of the 
republic, few citizens would submit to the degradation of practising any handi¬ 
craft. 2 By degrees it was reckoned discreditable and mean for any one in easy 
circumstances to be scantily provided with personal attendants; the division of 
labour in the houses of men of moderate means was as great as in India at the 
present day, while the throngs maintained by the rich ( fomiliarum numerum et 
nationes ) were multiplied to an extent which almost transcends belief; those 
occupied in the same departments being so numerous that it was, in many cases, 
necessaiy to divide them into Decuricie. 3 

The obstinate and bloody wars in Sicily, (B.C. 135-132, B.C. 103-99,) in 
the latter of which a million of slaves is said to have perished ; and the struggle 
with Spartacus in Italy, (B.C. 73-71,) in which 60,000 fell along with their 
leader when he was finally defeated by Crassus, bear evidence to the multitudes 
which must have been employed in rural affairs. As to the numbers employed in 
one Familia for domestic purposes, it is impossible to speak generally—they must 
have varied within such very wide limits. When Horace wrote, ten and two 
hundred were regarded as the opposite extremes of a small and a large establish¬ 
ment ; for a Praetor to travel to his country house with a retinue of five only, 
was a mark of sordid parsimony. The household of Pedanius Secundus, prefect 
of the city, under Nero, contained 400 ; Scaurus is said to have had 4000 ; and 
C. Caecilius Claudius Isidorus, a freedman, whose fortune had suffered much 
during the civil wars, left behind him at his death, during the reign of Augustus, 
4116. A large portion of the enormous wealth of Crassus consisted of slaves; 
but of these, many were artizans, whose labour yielded a highly profitable 
return, his architects and masons alone amounting to 500. 4 

Classification of Slaves. —The whole body of slaves belonging to one master 
was usually classed under two heads:— 

1. Familia Rusiica , the slaves who lived upon the country estates of their 
master, and were employed in the cultivation of the soil, or in tending flocks 
and herds. 

2. Familia Urbana, the slaves employed for domestic purposes. 

The Familia Rustica was again separated into two divisions— Servi Vincti 
and Servi Soluti. The former consisted of those who, as a punishment for 
refractory conduct, or in consequence of their barbarous habits and savage 
temper, were compelled to work in chains ( compede vincti ) while abroad, and 
were kept confined, when at home, in a sort of underground prison, termed 
Ergastulum. The Servi Soluti , on the other hand, were not placed under any 
personal restraint. The whole of the Familia Rustica, Servi Soluti and Servi 
Vincti alike, were under the superintendence of a steward or manager, termed 


1 Plin. H.N. XXXIII. 1. 

2 Appian. B.C. I. 7—10. 

3 Petron. 47- 

4 Hor. S. I. iii. 11. vi. 107. 
Crass. 2. 


Apulei. Apolog. 430. 

Suet. Jul. 42. Cic. de Off. I. 42. 

Tacit. Ann. III. 53. XIV. 43. 


Plin. H.N. XXXIII. 10. Plut. 


H 


98 


SLAVES. 


themselves, for the ™:r^ t X?or ; fr eeL™ CUS and the Pr0Cm ' a ‘° ; ^ 

i,,t0 two «* 

bility in the estaSSSt^afosfofiEhJdsub^n” 068 5 >f . tlnis . t .« ntl resjwnsi- 

Plautus, Condus Promus and Procurator Peni) S * Pro ™™> called by 

(Atriensis,) and the Decurinne* n ftp 0 ro' l 'n * 16 S 100m °fthe chambers, 
slaves who ^performed particular dull,f T' T’ int0 wMch tIie ^ 

Decurio Cubiculariorum and the Decurio Ostiariorum **’ 7a tNi'N ^ 
belonged also the highly educated sloven (TUo \ To the 0rd mam 
reader, ( Anaqnostes s Lector 'l 6_J.fi, P ’ ^ lterat b) among whom were the 
and many others, who were named C °^ y 11 'cleric, (. Librarius s. Scriba,) 

~TlTv!t &C ' aCC ° rding t0 the Cluties whichTey LcuteT^~ a UbUothecis 

{Janitor) ^ ™ the E ^ 0T }. er 

who cleaned out and attended unon flip Vff U '\ 'amber-men, ( Cuhicularii ,) 
sequi,') —Palanquinlbeaj^raf^'Zectlcant^—^ 00 l men t {Pedi- 

t ( l 

Stworkl who’ha“ no‘°,thI dT- “T"” d ™ d g es >‘*« Id^nte? 
the Quales-quales, a* lowest offices; and 

of the same sort. 7 1 ° e Digest, must have been something 

abwTdaa^ S mToST Gltd^oP fh co " Tenientl y “eluded in the 
numbers were trained for the amuhiflipotr^’h *h P nze ~%hters, of whom vast 
ostentation, and by speculators r’ b °i h h l the rich ’ for the sake of 

0 iatraliptae ,) who LmeSnes were 3 l and their actants, 

gained large sums by general practice—S/° USe i ft S1Cians ’ and som etimes 
tions, whose earnings, when they worked t ! artlzans all descrip- 
-Ludiones, stage^iayers! who were tf nnt ^ beI T ed t0 their master 
theatrical shows; and many others irenenllv ke^ i me +1 to those who exhibited 
the owner, such as Choristers (Canto^—M f - the P?™* 6 a ™™nt of 
Dancing-girls, {Saltatrices,) —Merry-Andrews (MnP^ X^P^niaci,) 8 — 
dwarfs, (Nani Nana p ■ P,/W \ j WS ’ (Moriones.) 9 —male and female 
(Fatal Fatuaep ’ Pumtbmes •> »*, ^angest of all, idiots of both sext 

1 Digest. XLVII. x. 15. 

Cic. do R. V. 3 nrl Aft "v t i ei 

3 Plant. Pseud. II. ii‘. ?3 Xl 1 Suet Galb. 12. Vesp. 22. Juv. S. I. 91. 

Suet. Com. 17 . see Orelli. C I No 2074 

e SVS.IIVV™"- Hi- f 

7 Digest. XLVII. x 15° Umel ' R ‘ R L 9 Ir - 13 - H°r. Epp. I. x i v , 14. 

» Martial {&*!* E ">' «• *««>». 33. 4,. 

10 Senec. Epp. 50. 


SLAVES. 


99 


Vernae, as we have noticed above, were the slaves bom in the house of their 
master—the children of his female slaves. Being trained from infancy, they 
naturally were particularly expert in the discharge of their functions, were 
generally treated with greater kindness and familiarity than others, and hence 
their sauciness became proverbial . 1 

f>ress and Food of Slaves. — Peregrini being forbidden to appear in the 
Toga, the prohibition, a fortiori, extended to slaves also ; and Ancillae Avere not 
allowed to assume the Stola , Avhich was characteristic of the Roman matrons. 
Slaves, however, had no distinctive dress until the age of Alexander Severus; 
and a proposal made in the Senate, at an earlier period, to establish some badge 
of servitude, was rejected as dangerous, since it would have enabled the persons 
Avho bore it to form an estimate of their own numbers and strength. 2 The 
absence of the Toga would excite no attention, for this garment could not be 
worn by any class of persons engaged in manual labour; and, consequently, 
slaves, in this respect, did not differ from the humbler citizens, the tunicatus 
popellus of Horace (Epp. I. vii. 65.) 

Each slave received a certain allowance, consisting of com or bread, ( cibaria ,) 
wine, ( [vinum ,) and something to give a relish to the farinaceous food, (pulmen- 
tarium ,) usually olives or salt fish (halec.) This allowance, in consequence of 
being measured out, was termed Demensum; and according as the distribution 
took place daily or monthly, it was called Diarium or Menstruum. The precise 
quantity and quality of each article of food and raiment to be supplied to slaves 
in the country are minutely detailed by the writers on agriculture . 3 With regard 
to the condition of town slaves, in this respect, our information is not so precise. 
Donatus says, that the ordinary allowance of corn per month was four modii; and 
Seneca mentions, that a slave stage-player received five modii of grain and five 
denarii in money. By saving a portion of these alloAvances, slaves were some¬ 
times enabled to accumulate a peculium , sufficient to purchase their freedom— 
Peculium suum quod comparaverunt ventre fraudato , pro capite numerant. 4 

Punishments inflicted upon Slaves.— These depended entirely upon the 
caprice of the master—were of many different kinds, and were often diversified 
with savage ingenuity. One of the mildest was the transference of a slave from 
the Familia Urhana to the Familia Rustica , in which he was allowed less 
freedom, enjoyed fewer luxuries, and performed more severe labour. When the 
offence Avas of a serious character, the culprit was not only sent to the country, 
but Avas placed among the Servi vincti , and compelled to work in chains in the 
fields, or to grind corn in the bakehouse, (ferratus in pistrino—praeferratus 
apud molas—irrigatum plagis pistori dabo ,) or to toil in stone quarries (ibis 
porro in latomias lapidarias.) 5 The most common infliction for trifling 
transgressions, was the lash, which Avas unsparingly applied, and to increase the 
effect^ the sufferer Avas sometimes hung up by the hands and weights attached 
to his feet . 6 The flogging of slaves, which, in large establishments, was 
performed by a regular body of scourgers, ( lorarii ,) affords an inexhaustible 
theme for jests in the comic writers ; and the vocabulary of Plautus and Terence 
is peculiarly rich in terms connected with this species of domestic discipline. 
One of the ordinary epithets of reproach applied to one who had been repeatedly 


1 Hor. S. II. vi. 66. Epp. II. ii. 6. Martial. I. 42. X. 3. Senec. de Prov. 1. 

2 Senec. de clem. I 24. 

3 See especially Cato de R. R. 56—59. 

4 Senec. Epp I. 24 80. Terent. Phorm. 1. 1 . 9. and Donat, ad. loc. 

5 Plaut. Bacch. IV. vi. II. Pers. II. iii. 17. Epid. I. ii. 17. Capt. III. v. 63. 

6 Plaut. Asin. II. ii. 31. Most. V. ii. 45. Trin. II. i. 19. Terent. Phorm. I. iv. 42. 


) 

> 

> * 
) > 

) ) 1 

1 


100 


SLAVES. 


!.ut J (or Verbereum Caput or Verbena Slatua ;) 

pLStriha « ‘ W D, meet W ‘, th Mastigia — Ulmitriba — Flagitriba— 
Flagitnba- Plagipatida—Plagigerulus—Ulmorum Acheruns— Gymnasium 
flagn— T irgarum Iciscivia , and a multitude of others ^ 

A heavy collar of wood, shaped like the letter V, and hence termed Farm 

ZuteLft?Z t011 1 necks ofoffente ’ wiowere 

about from place to place, and were sometimes scourged as they moved nainfullv 

along (caems mrg* S ub /urea.) One to whom this kind of torture had been 
applied, was jeermgly addressed as Furcifer Deen 

a=SKK3r*»I* 

JU“f forXr re 7„ C f taUy r iS,,ed ’ . Cradfixlon ™ the d ^‘h specially 

Ellina, and the offenderTJed KTtta£/£ sCta* Sthhi.^ 

Credo ego istoc exemplo tibi esse eundum actutum extra nortam 
Dispessis mambus patibulum cum habebis.* 2 

TV hen the master of a family was murdered in his own house, either bv one 
of his own slaves, or by a person unconnected with the establishment or bv an 
unknown assassin, the whole of the slaves who were in the mans“n at the time 
the murder was perpetrated were put to death. A remarkabW^le ofthe 
igo'ons enfoi cement of this ancient law took place during the reign of Nero 

ir 8 — of the " 

jps ,:y 1 - ***• - * 

JFtrT < * f 1 sl “r*«—The release of a slave from slavery (manumission 
might be effected by his master, regularly, in three ways. 4 ’ ^ "»«««») 

. Vmdicta. This was the most ancient and the most formal m ni 0 \ 
was essentially a public acknowledgment in court on the nan t ’ 1 

that the slave was free. The maste? a^S to 
higher magistrates, usually the Praetor, and a third person came forward iA 
rod called Virga s. Festuea s. Vindicta upon the head offteslaveT„d V f 

n”tS iadhoTdofThfV 6 * f ° rm d’ 

liberum ^ ^’(SZ^U 

^TuSntTf 6 "“ft Th 1 e .“ agistrate th “ P—Slim fret 

™ com!lete d ° The r ;i c a he cL ? mant ' (« ddicebat ,) and the ceremony 
nas complete. The L.ctor of the magistrate usually, in later times at least. 

2 PlauUMU. 1 !!: iw ISMo?,']' i 2 t 2 P fc, c “ 5 - 11 ;; f • Aui. II. Iv. 46. 

r;:ss:,t'"A^?iS 

^ ai ^l„. i “ —-a?fet y b o?‘s,^ 

4 ?? Cit T l nn 0 XIV - XIII. 32. comp. Cic. ad. Fam IV fr 
fra* I 9 P ' “• Pr ° Caea 34 SchoL Cru q- ad. Hop S. II. vii. 76. Gaius. I. § 17 . Ulpian. 



MANUMISSION—LIBEllTINI. 


101 


acted as the claimant ( assertor ) who asserted the freedom of the slave (vindicatio 
Uberali causa.) 1 

2. Censu .—If the master applied to the Censor to enrol his slave as a Civis, 
the slave became free as soon as the entry was made. 

3. Testamento .—A master might, by his will, either bestow freedom at once 
( [directo ) on a slave, or he might instruct his heir to manumit the slave. In 
the latter case, the freedom was said to be granted per fideicommissum. Some¬ 
times freedom was bequeathed, subject to the performance of certain conditions, 
(certa conditione proposita ,) and on these conditions being fulfilled, the slave 
became free, and was termed statu liber. 

Libertinus Libertus. I'asroiius.— Manumission, completed according 
to any of these three methods, was Justa et legitima Manumissio , and the 
freedom thus acquired, Justa Libertas. The liberated slave was now termed 
Libertinus when described in reference to his social position, but Libertus when 
spoken of in connection with his former master, who was now no longer his 
Dominus , but his Patronus. Thus, a liberated slave was called Homo Liber¬ 
tinus; but Libertus Caesar is, Pompeii , Ciceronis , &c.—never Libertinus 
Caesaris , &c. nor Libertus Homo. 

The relation which existed between the Patronus and his Libertus resembled 
very closely the ancient tie of Patron and Client. The freedman was required 
to pay a certain degree of respect, and to perform certain duties to his patron, 
(obsequium praestare ,) and this respect and these duties appear, under the 
republic, to have been seldom withheld or neglected. 2 But examples of ingra¬ 
titude and insolence on the part of freedmen towards their patrons became, under 
the empire, so frequent and flagrant, that laws were passed rendering such 
conduct penal, and the punishment extended, in some cases, to the cancelling of 
the manumission. 2 

A slave freed directo by will, having no living Patronus, was called Libertus 
Orcinus; but when freed per fideicommissum he became the freedman of the 
person by whom he was actually manumitted. One whose freedom depended 
upon the performance of certain conditions was, until these conditions were 
fulfilled, called Libertus futurus. 4 

Names of JLibertini. —A Libertinus usually received the Praenomen and 
Nomen of his former master, the appellation by which he had been previously 
distinguished being added as a Cognomen. Of this practice we have examples 
in such names as M. Terentius Afer , M. Tullius Tiro , L. Cornelius Chryso- 
gonus. When a public slave was liberated, it would seem that he adopted the 
name of the magistrate before whom his manumission took place. 

The Praenomen marked the Status of the individual at once as a Roman citizen 
possessed of Caput , (see above p. 83,) and hence, newly made Libertini were 
especially flattered when addressed by their Praenomen (gaudent Praenomine 
molles auriculae.) 5 With regard to the Nomen , it must not be supposed that 
a Libertinus, although nominally belonging to the Gens of his Patron, was 
admitted, in ancient times at least, to all the privileges of a Gentilis. 

Cap ©f liberty.— As soon as a slave received his freedom he shaved his 
head and put on a conical cap, called Pileus; the right of wearing such a covering 

1 Liv. II. 5. XLI. 9. Plaut. Mil. IV. i. 15. Phaedr. II. 5. Hor. S. II. vii. 76. Pers. S. V 
88. 175. Gaius IV. § 16. 

2 Cic. ad Q, F. I. i. 4 Digest. II. iv. 4. XXXVIIL i. 7. § 2. § 3. ii. 1. 

3 Suet. Claud. 25. Tacit. Ann. XIII. 26 Lactant. De Ver. Sap. IV. 3. Digest. I. xvi. 9 
XXV. iii. 6. XXXVII. xiv. 1. 

4 Gaius II. § 226. Ulpian. frag. II. 8. Orelli. C. I. No. 2980. 5006. 

<» Hor. S. II. v. 32. comp. Pers. V. 79. 


102 


LIBERTINE 


being a distinctive mark of a free citizen. Hence the phrases, servos ad pileum 
vocare—pileum capere—hesterni capite induto Quirites , and hence the idea of 
a cap as an emblem of freedom both in ancient and modern times. Sometimes a 
wreath of white wool was substituted for the Pileus. 1 

Political Condition of lEibcrtiai —From the time of Servius Tullius 2 until 
the close of the republic, Libertini , whose manumission had been completed 
according to any one of the three regular forms, became invested with the 
rights and privileges appertaining to members of the Plebeian order, and, as 
such, were enrolled in a tribe. They were originally confined to the four city 
Tiibes 5 but in the censorship of Appius Claudius, B.C. 312, in common with 
the. humbler portion of the community, were dispersed among all the Tribes 
indiffeiently; and although the arrangements of Appius were overthrown in 
B.C. 304, by Q. Fabius Rullianus, we find it stated, that about eighty years 
afterwards, (B.C. 220 Libertini in quatuor tribus redacti sunt , quum antea 
dispersi per omnes fuissent: Esquilinam, Palatinam, Suburanam , Collinam. 
finally, in B.C. 169, it was determined that all Libertini should be enrolled in 
one only of the city Tribes, to be determined by lot, and the lot fell upon the 
1 nbus Esquilina. This state of things remained unaltered until the close of the 
republic, at least we have no.account of any farther change. 3 The right of granting 
manumission remained unlimited until the age of Augustus, when the disorders 
arising from the multitude of disreputable and worthless characters turned loose 
upon the community, in the full enjoyment of the Civitas, rendered some legisla¬ 
tive enactment imperative. Accordingly, by the Lex Aelia Sentia , passed A^. 4, 
the following restrictions were introduced upon Manumissio per Vindictam 4 

1. Any slave who had been convicted of a serious crime and punished as a 
malefactor, or who had been trained as a gladiator, was not, if manumitted 
admitted to the rights of a Roman citizen, but was placed in the same class with 
1 eregrini dediticii —(see above, p. 85.) 

2 . A slave, if under the age of thirty when manumitted, or any slave manu¬ 
mitted by a master who was under the age of twenty, was not admitted to the 
lull rights of citizenship, unless the reasons assigned for the manumission were 
considered satisfactory (xusta causa approbata ) by a board (consilium) appointed 
lor the.purpose of considering such cases. 

Again, by the Lex Furia Caninia, passed A.D. 8 , a master was prohibited 
from manumitting Per Testamentum more than a certain proportion of the whole 
number of his slaves—one half, if he possessed not more than ten—one third if 
not more than thirty—one fourth, if not more than a hundred—one fifth if not 

more than five hundred; but in no case was the total number manumitted to 
exceed one hundred. 

No restriction was placed upon manumission Per Censum, because that could 
not be effected without the direct concurrence of the government. 

Social . Condition of iLibertini—Although Libertini, under the republic, 
were nominally invested with all the rights and privileges of Roman citizens 
ey were virtually, by the force of public opinion and feeling, excluded from all 
ugh and honourable offices in the state. Not only the Libertinus himself, but 
ins descendants, for several generations, were looked down upon as inferiors by 
i T>io.,+ a i,.* T . Liy XXIV 16 xlv. 44> Perg g IIL 106 Non . g . v ^ 


1 Plaut. Amphit. I. i. 306 
liberi , p. 361. ed. Gerl. 

2 Dionys. IY. 22—24. 

off 22 ‘ Liv ’ IX - 46 ' Epit - XX - XLV - 15- Val. Max. II. ii 9 

attorded by these pa s sages overpowers the assertion of Plut. Ponl 7 ‘ ’ 

I V G 13 LVI § 33 3 ' § 18-2 °' § 38 ' 5 4k Ulpian ' fra S m - L H-13. Suet. Octav. 40. 


The evidence 
Dion Cass, 


LIBERTINE 


103 


those who had no taint of servile blood. We shall have occasion to point out 
hereafter, that Ingenuitas , for two generations at least, was considered an indis¬ 
pensable qualification in a candidate for the office of Tribune of the Plebs, and we 
cannot doubt that this rule applied to all the higher magistracies. Appius 
Claudius, when Censor, (B.C. 312,) was the first who “polluted” the Senate by 
admitting the sons of Libertini; ( senatum 'primus libertinorum jiliis lectis 
inquinaverat ;) 1 but although public indignation was so strong that the consuls 
were borne out when they refused to acknowledge the persons so nominated, yet 
it is nowhere hinted that Appius violated any law in making such a choice. 
During the disorders produced by the civil wars, the Senate became crowded 
with Libertini; and the satirists always speak with special bitterness of the 
wealth and influence enjoyed by the favourite Liberti of the early emperors.. Under 
the empire, also, the Status of Ingenuitas was sometimes bestowed upon Libertini 
by a special grant . 2 It would appear that the marriage of an Ingenuus with a 
Libertina entailed Ignominia (see above, p. 84,) on the former; for among the 
various rewards bestowed upon Hispala Fecenia, the Libertina who, in B.C. 186, 
gave information with regard to the excesses practised in the Bacchanalian 
orgies, it was decreed— Uti ei ingenuo nubere liceret: neu quid ei, qui earn 
duxisset , ob id fraudi ignominiaeve esset (Liv. XXXIX. 19.) 

Informal Manumission. —In addition to the regular and legally recognised 
forms of manumission, a slave might be liberated in various ways, by the mere 
expression of a wish to that effect on the part of his master; but in this case his 
position was less secure. Thus we hear of Manumissio inter amicos s. Libertas 
inter amicos data , when a master, in the presence of his friends, pronounced his 
slave free— Manumissio per epistolam , when, being at a distance, he wrote a 
letter to that effect— Manumissio per mensarn, when he permitted his slave to 
sit at table with him. A slave who was able to prove any one of these acts on 
the part of his master, could, by an appeal to the Praetor, resist any attempt to 
bring him back to slavery. His position, however, was dubious. He was said 
in libertate morari or in libertatis forma servari; and any property which he 
might accumulate belonged of right to his Patron. The political privileges of 
such persons was first defined by the Lex lunia Norbana , passed about A.D. 19, 
which bestowed upon all slaves irregularly manumitted the Ius Latii , (see above, 
p. 87,) and hence the name Latini Iuniani , by which they are sometimes 
designated. A slave liberated in an irregular manner, might be again manumitted 
according to one of the three regular methods j and this process, teimed iten atio , 

conferred full citizenship upon a Latinus lunianus. 

Manumission of Slaves 5>y t!ie State. —The State itself occasionally 
bestowed freedom upon slaves, as a recompense for long service, or for some 
sio-nal benefit conferred on the community, such as giving information against 
conspirators or the perpetrators of heinous crimes ; and if such slaves weie not 
public property, (servi publici ,) they were purchased with the public money from 
their masters. 3 One of the most remarkable examples of manumission by the 
state on a lar^e scale, is to be found in the case of the Volones, that is, the 
slaves who, to the number of 8000, volunteered to serve as soldiers during the 
second Punic war, and who received their freedom after the battle of Beneventum, 
(B.C. 214,) as a reward for their efficient bravery. 4 


l Liv. IX. 46. comp. Cic. pro Cluent 47. Suet. Claud. 24. Dion Cass. XL. 63. XLIII. 47. 
3 Liv?Iv aS 45 X XXIL V^XX VL TV. XX V1L 3. XXXII. 26. Cic. pro Balb. 9. pro Rabir. 
Pe 4 r Liv?°XXII. 57. XXIV. 14-16. XXV. 20. 22. XXVII. 38. 


CHAPTER IV. 


the comitia. 1 


We stated, at the commencement of the preceding +w 

the theory of the Roman constitution, all power nrolS ftnm^’ acc . ordl ^ p 
ctaens, as expressed in their constitutional 

mag,strate could be elected, no law enacted, no Roman citifen tSd t?7 '— 

assemble forVdiscC"«e du«e , iTfor’anTSc^n' “ ^ 
when formally summoned by a civil maoistratP Vh7 P • ? purpose ’ exG ept 
by a magistrate for one of two purposes"' 2 ‘ ‘ 7 miffht be calIed to gether 

iXWfiirr t? i pub,i ° ^ 

to vote. In this case the assembly “ called CoZ/o. th<y Were 

were required to accept or to rejert^yXir^TOtra'^Intt, then1 ’ which thr 7 
was called, Comitia , or anciently cindtiatus » "rw v - CaSe th ® assGmbl y 

“cr teeTit the Fon,m * re the pop^r m n bu: its z 

of the person by whom they had bin caUed WetheTS fZ'' ‘° “ le 0rati °“ 
he introduced to their notice, (vroduxit in ^ i ’ and °5 thosG persons whom 

could come forward and address them without nht?^ fOT n °. private perso « 
presiding magistrate. 4 hout obtamin g permission from the 

restricted sense above described, 6 an^ . a , pubKc meting in the 

it would appear that originally Concio was ei fr ° m Comitia i 5 but 

signification to denote all public assemblies reg'ulSy 

S2jsar52^- v ?» 

“* aKSSS? P ' ' Leipz ' 18 “ 1 and the 

4 Dionys. V. il. Liv. Ill ^“xtttVP 11 ^? 5, 

10. ' 71 - XLl11 - 34. Cic. ad Att. II. 24 IV 9 « * „„ 

' AUl - G «"- X ™ XXXIX. ,5. Cic. pro Sest. so. ‘ ' “ ^ 


COMITIA IN GENERAL. 


105 


course, Comitia, and that the phrases —Inlicium vocare—In concionem vocare 

Ad Comitia vocare—Ad Conventionem vocare —were regarded as synony¬ 
mous. 1 J J 

Condo , however, in the purest authors, is constantly employed to denote, not 
only a public meeting, but also a speech delivered to such a meeting, and thus, 
Concionem habere is equivalent to Verba facere, that is, to deliver a harangue; 1 2 
and hence such phrases as Condones scriptae—Legi tuam concionem—Condo 
/unebris-—Dare concionem alicui , (to grant any one permission to speak,) and 
the verb Concionari . 3 

The right of calling a Condo belonged, during the regal period, in all proba¬ 
bility, to the king alone, or to his immediate representatives, the Tribunus 
Celerum or the Praefectus Urbis. Under the republic it was exercised by all 
the higher magistrates, including the Tribunes of the Plebs. The ordinary places 
of meeting were the Comitium, the lower Forum, the Capitol, and the Campus 
Maitius. The presiding magistrate usually occupied a Templum , that is, a place 
consecrated by the Augurs, and opened the proceedings on this, as on other 
occasions when the people were addressed, by a solemn prayer (see Liv. XXXIX. 
15.) 

Concilium. While Comitia denoted an assembly of the whole people, called 
together for the purpose of voting upon some measure, Concilium is sometimes 
used to denote a similar assembly, consisting of a portion only of the community 
— I s ! qui non universum populum , scd partem aliquam adesse iubet , non 
Comitia, sed Concilium, edicere debet . 4 Hence Concilium Plebis , or simply 
Concilium , Is. employed to denote the Comitia Tributa, because that assembly 
consisted originally of Plebeians only, and the term having been once recognized, 
remained in use after the Comitia Tributa included all classes. 5 On the other 
hand, Concilium Populi denotes the Comitia Centuriata, which, from the first, 
embraced the whole Populus. 6 

_ Concilium is also frequently employed to denote a promiscuous assemblage, 
without any reference either to Condones or Comitia. 

Comitia. —When a magistrate summoned Comitia it was invariably for the 
purpose oi asking the people to do something, (ut rogaret quid populum ,) and 
in submitting the matter to their consideration, he was said agere cum populo , 
which became the technical phrase for dealing with the people in their Comitia 
Cum populo agere est rogare quid populum quod suffragiis suis aut iubeat 
aut vetet . 7 

There were three kinds of Comitia, which were named from the three modes in 
which the people were organized politically. These were— 

1. Comitia Curiata , in which the people voted in Curiae. 

2. - Centuriata , .... Centuriae. 

3. -- Tributa .. Tribus. 

To these some add a fourth, Comitia Calata , the nature of which we shall 
explain at the close of this chapter. 

In none of the three first named did the people vote promiscuously, but, 

1 Varro L.L. VI. § 88. Paul. Diac. s v. Contio, p. 38. s.v. Irilicium, p. 113. 

2 Concionem habere est verba facere ad populum sine ulla rogatione. Aul. Gell. XIII 15 

a Cic. in Vatin. 1. ad Fam. IX. 14. ad Att. IV. 2. pro Flacc. 7. 

4 Lael. Fel. ap. Aul. Gell. XV. 27. 

5 Liv. VII. 5. XXXVIIL 53. XXXIX. 15. XLIII. 16. 

6 Liv. III. 71. VI. 20. 

7 Aul. Gell XIII. 15. comp. Cic. de. leg!?. HI. 4. in Vatin. 7. Sallust. Cat. 51. Maerob. 
8. I. 16. We find in Liv. XLII. 34. the phrase agere ad populum used with reference to a 
speech delivered to a Concio. 




108 


COMITIA IN GENERAL. 


Ta llin Se tT f Comitia, each voted in the Curia, in the Cen- 

decided simnlfhvfhf -° ty 11 * he belon g e(J - and in no case was the result 
Thus .The % th ° m % on *y of the g™ 3 number who gave their votes. 

of ech Centmdo^rff,' ■ ,T' f ct Centuria had 01,e vote - ai ‘d ‘ b « ™te 
it contained Thl dete ™ med > th « majority of the individual voters which 
t contained Ihe vote of each Centuria being- determined in this manner the 

feS“ n dT d rr the "*■** of the c”s! ’Bui 
f! e . cnt Centlmes did not all contain the same gross number of voters 
e containing a much larger number than others, it did not bv anv means 

“SSS £ £ 

^ s? Trib - ~ 

renubhc fc the Tr 8U T° ned re g ula ' I y <™7 year during the period of the 

the r rd Comilia 18 not infrequently 
addition l r sometimes by itself and sometimes with the 

fseXlTummotd 6 ’ r^T 8 ? "T^ 6 f » wb ose elecTiou Ihe 

means, L ueS /or 1 S «fiP**<* tem P“ s 

manner cLd;,, 9 die annual elections was now approaching; and in like 

t” a“ he S^ZTbetTeff tf* T ° omUia mn0 SH P eri °™ ™a“ 

—PrMtora-Arfnes" &c. den0tmg: the assem bhes held for the election of Consuls 

a meethg o" C°omi& “^‘ rata wb ° omened 

Comilia: in eubSn7l?TS» ( T^ «" P raeera P ”d was said habere 
did commencing with the form iS/ Ueb- PP n T - -° f people ’ wbich he 
cam populo-considere mnZw ZJT ' ?“ >nfes > he was saiJ a 9‘™ 
verb, which imphS theShu ihfZ' ,• {"Putum-rogare, and the latter 

also applied to L object SaSr****-, 1 " 

example rogare leqem—roaare rnaaktmtL ™ lequned to vote, as, for 

tores, i.e. to propose a law—magistrates consuls Pme ~ 

abbrevations for rogare vovulumleaZ' ° ’ & ^ phrases bem S Optical 

like manner, irrogare multi , ZTZ 9 T V Tl Um COmules ) &c * 5 so in 

or penalty, and arrogatio is asking leave 'to takefo vo a fine 

of another. When the nresidem liS ^ t0 ^urself or adopt the child 

was said mitlere popultL s. cent, mas s^tribll ™ n’- he 

the assembly after the busings was ccfZt S -Z n ^ ntlam ' . When he dismissed 
—comitatus dimittere ■ when thp he was said dimittere populum 

coming to a decision^it w^^id^tr^'^res^^h 1 * 0 ^ 611 " P "«"* ^ 

people”* vote mon smSiinr rte”™ °J p' p ™ cednre consi8 ‘ed in asking the 
« Bill proposed^Mhe peon!e*^hpncp wf Sogatio is frequently used to denote 
hill previous to its being submitted t<f th^r^v ^°^ atl0nem m eans to publish a 
accepted or rejected ^th™«dd h^r 88 the pe »P fe 

. ( i .0 ttrsjCuTssvjjs 


COMITIA IN GENERAL. 


107 


and Lex were frequently used as convertible terms, just as Bill and Law are by 
ourselves. The verb Rogo and its compounds enter into many technicalities 
connected with the passing of laws. To repeal a law, was legem abrogare ; to 
repeal a portion but not the whole, aliquid legi derogare; to add new clauses to 
an existing law, aliquid legi subrogare; and when the provisions of an old law 
were altered or in any way affected by a new law, the former was said obrogari. 1 

The presiding magistrate being the person who submitted the measure to the 
people and announced the result, was said, individually, as it were, ferre s. 
perferre legem when the law was passed, and so, in the case of elections, he 
was said creare consides—creare praetores , &c. as if it were his own act and 
deed. Thus, Dictator primo comitiali die creavit consules — Duo consules 
comitiis centuriatis a praefecto urbis creati sunt—Brutus collegam sibi creavit 
comitiis centuriatis—Per interregem consules creati . 2 

Power of the Presiding Magistrate.-— In addition to the mere ministerial 
functions performed by the presiding magistrate, and to the influence which he 
naturally exercised as president of the meeting, he wielded considerable consti¬ 
tutional powers— 

1. No one could address the meeting without his permission, except a magis¬ 
trate of equal or superior rank to himself, or a Tribune of the Plebs, although in 
some cases perhaps a senator might insist upon being heard. 3 

We fiud examples, however, of private individuals, when refused liberty of 
speech by the consuls, obtaining it by an appeal to the Tribunes; 4 and since 
the Tribunes, in virtue of their office, could prevent a person from speaking, it 
was customary to ask permission of them as well as of the president. 5 

2. He had the power, if he thought fit, of fixing a limit to the space during 
which an orator was to speak, hi order to prevent persons from wasting time 
needlessly, or from wilfully delaying the proceedings, with a view to frustrate 
the measure under discussion. 6 

3. At an election he could refuse to admit the name of any candidate whom 
he regarded as legally disqualified, and in doing this he was said aliquem non 
accipere—nomen alicuius non accipere — rationem alicuius non liabere —and 
if, notwithstanding a declaration to this effect, votes were tendered for such a 
candidate, he might refuse to receive them, ( suffragia non observare ,) or refuse 
to return him as elected ( [renuntiare. ) Of course, the presiding magistrate 
incurred responsibility in adopting such a course, and was liable to be called to 
account at a subsequent period, if it should appear that he had been actuated by 
personal enmity or factious motives. 7 

But although the president could refuse to return another candidate, he was 
not permitted, under any circumstances, to return himself, and hence the indig¬ 
nation and disgust excited by the conduct of Appius when he presided at his 
own re-election as Decemvir. 8 

Manner of Voting.— For a long period the votes in the Comitia were given 
viva voce, and hence the phrase dicere aliquem consulem , 9 i.e. to vote for a 
person to be consul; but voting by ballot (per tabellas ) was introduced at the 


1 Ulpian. frag. I. 3. 

2 Liv. XXV. 2. I. 60. II. 2 III. 55. 

3 Liv. III. 63. 72. VI. 38. 40. XXXIV. 1. XLII. 34. XLV. 21. 

4 Liv. III. 71. 

•5 Liv. XLII. 34. 

6 Plut. Cat. min. 43. Dion Cass. XXXIX. 34. 

7 Liv. III. 21. IX. 46. X. 15. XXXIX. 39. Cic. Brut. 14. Val. Max. III. viii. 3. 

8 Liv. III. 35. see also X. 15. XXVII. 6. 

9 Liv. X. 13. 22. XXIX. 22. 


108 


COMITIA IN GENERAL. 


beginning of the seventh century by a succession of laws which from their 
S^mlly ed Le9es ™ aria «’ 1 Ci -° tells us that S we " in aH 

enacting of m^istrLte^ by ballot^ 

01 ’ bGf0re COmmiss ^ 

Arrangements for Collecting the Votes_On the rlnv- r»f +brt n 

r ^jz£vB 

individual, as he pJrfiZ ™l f" U P*> ™f>. «* 

s^^lS^rSSr r? : 

favourable to the measure• on the other J* ° S "t To *T 1S lle used lf ,ie ”' as 

“ftia tjst: m pr t «* ** “ a th? 5 f 

to reject a law * S WhenCe the P hrase anti V“ a ™ &</« signifies 

1 The focws classicus is in Cic dp Wo- ttt .. 

2 Cic. Lael. 16. 1 gg- IIL ]6 ' and 1S w ell worthy of being read. 

4 Cic. in Pison. 15. 40. pro Planp r rT 

however, that the operation implied bv 'dirihe™™ ? a *u Sp - resp ' 20 ' Tt is believed by some 
the votes after the tickets had been dropped 

TO T'^ m «*°*°«* *> * "X* f retur Ur. Rooss, cic. ad A«. I. ,«. comp de leva’ 
e Ltv. V. 30. VI 38. VIII. 37 . 01c.de. .egg. n ML Paul. Mac. 8 ,. 4*^ p. '* 


COMITIA IN GENERAL. 


109 



[ cannot make up my mind; and to employ this was virtually to decline giving 
cl/ "V otc# 

In the case of elections it would seem probable—but we have no distinct 
information upon this point—that each voter received a blank tablet, on which 
he wrote the initial letters of the names of his favourite candidates. 

The voters having received their tickets, passed into the Septum , where they 
probably remained for a short time in consultation, and then each as he passed 
out was asked for his ticket by persons called Rogatores , stationed for the 
purpose, by whom they were dropped into the urn. * As soon as the Septum 
was emptied, the tablets were shaken out, arranged and counted under the 
inspection of tellers, called Custodes , who, in performing this operation, were 
said -Suffragia dirimere—Suffragia describere—Tribus describere . 2 

In illustration of what has been said above, we may refer ,to the denarius 
of the Gens Cassia, engraved in p. 15, 
where we see on one side of the temple a 
representation of the Sitella or Balloting 
Urn, and on the other a Tabella with 
the letters A C, ( Absolvo Condemno ;) on 
another denarius of the same Gens, of which 
a cut is annexed, we see a voter in the act ^ 

°f dropping his ticket into the box. The figures on a denarius of the Gens 
Hostilia, of which also we annex a cut, 
are generally supposed to be voters pass¬ 
ing along the the Pons into the Septum, 
but on this we cannot speak with cer¬ 
tainty. 

The vote of each Tribe or Century 
having been thus ascertained was reported 
to the presiding magistrate, who pro¬ 
claimed ( renuntiavit ) the result to those around, and made it known to those at 
a distance by means of the public criers, (praecones ,) 3 and in like manner, 
when all the Tribes and Centuries had voted, the general result was declared. 

It the votes, for and against any measure were equal, which might happen 
from an equality of voices in individual Tribes or Centuries, the measure was 
lost; in the case of a criminal trial, such a result was regarded as equivalent to 
an acquittal. 

As to the manner in which the votes were collected when given viva voce, we 
are almost totally destitute of information. It seems probable that the voters, in 
passing along the Pontes , were questioned by the Rogatores , and that their 
reply was noted down by a dot pricked upon a tablet. Hence the word punctum 
is constantly used in the sense of a vote , and ferre puncta means to gain votes , 
thus Nonnullas tribus punctis paene totidem tulerunt Plancius et Plotius — 
Recordor quantum hae quaestiones . . . punctorum nobis detraxerint; 4 and 
the well known Horatian line— 

Omne tulit punctum qui miscuit utile dulci. 



1 Cic. in Pison. la. 40. de. Divin. II. 36. de. N. D. IL 4. 

2 Cic. in Pison. 5. 15. 40. de leg. agr. II. 10. pro Plane. 6. 20. ad Q,. F. III. 4. Orat. post 
red. 7. Varro R. R. III. 2. comp. Plin. H.N. XXXIII. 2. 

3 Coepti sunt a praecone renuntiari quern quaeque Tribus fecerint aedilem, Varr. R. R. IIL 17. 
See also Cic. in Verr. V. 15. de leg. agr. II. 2. 9. pro Muren. I. 

± Cic. pro Plane. 22. pro Muren. 34." 








110 


COMITIA IN GENERAL. 


After the votes had been taken and the result announced, the presiding 
magistrate invited the assembly to disperse by the form— Si vobu videtur 
iiscedite, Qwrites and the same words were employed when he called upon 
them to separate for the purpose of voting. 1 1 " 6C P 

In the case of an election, however, it was necessary for a candidate to obtain 
1 e votes of a certain number of Centuries or Tribes, and if, in consequence of 
the \otes being divided among several competitors, the individual who had a 
majonty oyer his rivals, failed to obtain the full number necessary he was s»bl 
tribus-non conficere legitim, suffZZ * 

failed’to lf '° ne “"f? 1 elected, while the candidate 

duly elected^ hadthe ". eces ??V ““mber «f votes, the consul 

agin referredto the fwv “°T* ” g -, h “ coUei « ue ’ ‘be matter being 

SnefoTthe Plehs s t‘? T? a 8 ™> f P™tice prevailed in the election of 

b^™L election of these “ h ° W *?' Praetors ’ Aediles and Quaestors; 
other ca^e the rlitt ma S lstlates ™ mterrupted from this or from am! 
a let decis on T™ ware . s ™ m “« d again and again, nntil they arrived at 

if two compethors foiTe L“l T ’ °™T' *»“ a passage in Cicero, that 
- competitors toi the Aedileship received an equal number of votes then 

upf’^fm^ttss wh'ir^ri skk:*- 

endeavoiiring by means of divination, lo SH? wLAof the’ lit 
e erence to the undertaking (nisi auspicato—nisi ausmcio nrius sumtrA Th* 
operat.o .1 was termed sumeri auepij,; and if the oS plTedStJbl 

Uec urU “ ««&» ^ 
units Thetfnhlf h th itia Curi ? ta T ° f the Comit!a c «”‘uriata could be held 

taking * ^dV jit 

s.7;isi“Ze a ; 

pices, s e auspicia , i.e. to be m possession of the aus- 


1 Liv. II. 56. III. 11 . 

2 Liv. III. 64. IX. 34. XXXVII. 47. 

3 Liv. 11. cc. 

5 Uv Px ili' Aul ' Gel1 ' XIIL ,5 ' Cio pro Plane. 20 . 22 . ad Att. IX. 9. 

f ™: S: Uks^A. Ci '- "■ Vatl ”' 6 ** dm». i. lo. 
°VLi, S .Tlt e X m 8 etin A g ’ 1 0 S t e u e *" th8lnfanc ’’ 


COMITIA IN GENERAL. 


Ill 


But as far as public proceedings were concerned, no private individual, even 
among the Patricians, had the right of taking auspices. This duty devolved 
upon the supreme magistrate alone, so that during the regal period, the kings 
only could take the auspices, and during the republic the consuls only, as long 
as they remained in the city. In an army this power belonged exclusively to 

e commander-m-chief; and hence all achievements were said to be performed 
under his auspices, even although he were not present; and a victory gained 
by one of his subordinate officers, a legatus, for example, was said to have been 
won auspicus Consults , ductu Legati. This principle was still observed after 
the downfal of the free constitution; and the emperor being, in virtue of his office, 
geneial-m-chief of all the armies of the state, every military exploit, in whatever 

^Auspicia W ° rld {t might be P erformed 5 was regarded as falling under his 

The fact, that the chief magistrate alone could take the auspices, and the 
assumption that no one but a Patrician possessed the privilege, formed one of 
the arguments most strenuously urged against the admission of the Plebeians to 
the consulship, {quod nemo Plebeius auspicia haberet ,) it being maintained 
that no Plebeian consul could, without sacrilege, attempt to make the requisite 
observations Quid igitur aliud , quam tollit ex civitate auspicia , qui plebeios 
consules creando, a Patribus , qui soli ea habere possunt , aufert. 1 Upon like 
grounds the Patricians opposed the intermarriage of Plebeians with their order, 
because the taking of auspices formed part of the nuptial ceremonies, and they 
alleged that the whole discipline would be thrown into confusion by these ill- 
assorted unions and a hybrid yrogmy—Perturbationem auspiciorum publicorum 
privatorumque afferre—ideo decemvir os connubium diremisse ne incerta prole 
auspicia turbarentur. 2 1 

When, however, a king died, then the Patricians, as a body, were required to 
take the auspices before they could elect his successor or choose an Inter-rex: 
and in this case the auspices were said Pedire ad Patres , to return, as it were’ 
to the source from whence they had been derived; and the same took place 
under the commonwealth, when both consuls died or resigned before they had 
held the Comitia for the election of a successor, or had named a Dictator for that 
purpose. Whenever it became necessary from this, or from any other cause, to 
seek the auspices at the fountain whence they Avere supposed to flow, the process 
was teimed auspicia de integro repetere—auspicia renovare — per interregnum 
renovare auspicia . 1 2 3 

Auspicia iu Connection with the Comitia -Neither the Comitia Curiata 

nor the Comitia Centuriata could be held unless the auspices had been taken 
and pronounced favourable. The objects observed in taking these auspices were 
birds, the class of animals from which the word is derived (Auspicium ab ave 
spicienda .) Of these, some were believed to give indications by their flight, and 
were technically termed Aides s. Praepetes, others by their notes or cries, and 
hence were termed Oscines , while a third class consisted of chickens ( Pulli ) 
kept in cages. When it was desired to obtain an omen from these last, food 
was placed before them, and the manner in which they comported themselves 
was closely watched. If they refused to feed, or fed slowly, the auspices were 
regarded as unfavourable; on the other hand, if they fed voraciously, and 
especially if a portion of them food, falling from their bills, struck the ground, 

1 Liv. IV. 6. VI. 41. 

2 Liv. IV. 2. 

S Liv. V. 17. 31. 52. VI. 1. 5. VIII. 3. 17. 


112 


COMITIA IN GENERAL. 


which was termed Tripudium Solistimum , 1 the omen was regarded as in the 
highest degree propitious. The three forms of divination from birds are alluded 
to in Cicero when he says— Non ex alitis involatu , nec e cantu sinistro oscinis , 
ul in nostra disciplina est , nec ex tripudio solistimo , tibi auguror. 2 

The manner of taking the auspices previous to the Comitia was as follows :— 
The magistrate who was to preside at the assembly arose immediately after 
midnight on the day for which it had been summoned, and called upon an 
augur to assist him ( augurem in auspicium adhibebant.) With his aid a region 
of the sky and a space of ground, within which the auspices were observed, were 
marked out by the divining staff ( lituus ) of the augur, an operation which was 
termed Templum capere , the whole space thus designated being called Templum, 
and the spot on which they stood Tabernaculum , in consequence, very 
probably, of a tent or hut being erected for the occasion. 

This operation was performed with the greatest care; for if it was discovered 
at any future time that any irregularity had been committed in this, or in any 

other point connected with the auspices, (tabernaculum non recte captum _ 

tabernaculum vitio captim—auspicia parum recte capta—auspicia vitio 
contacta ,) the whole of the subsequent proceedings became null and void, and if 
magistrates had been elected under such circumstances, they were said to be 
mtio creati , and compelled at once to resign their office. In making the 
necessary observations, the president was guided entirely by the augur, who 
reported to him the result. This formal report, if favourable, was termed 
Auntiatio, if unfavourable, Obnuntiatio; in the former case he declared Silen- 
tium esse videtur, i.e. there is no evil sight or sound; in the latter case he 
postponed the proposed assembly by pronouncing the words Alio die. The 
auspices observed in the manner above described, formed an indispensable 
preliminary to all meetings of the Comitia Centuriata, and, we have every reason 
to believe, of the Comitia Curiata also; and these observations could be taken 

by the presiding magistrate only, with the aid of the augur whom he invited to 
attend him. 3 


Serym-e de Coelo.— There was, however, another class of omens or auspices 
connected with the Comitia, which exercised an important influence, especially 
towards the close of the republic. The nature of these has been frequently 
misunderstood, and must therefore be distinctly explained. 

According to the discipline of the augurs, no popular assembly could continue 
its proceedings if thunder or lightning were observed, or if a storm of any kind 
arose Jove tonante , cum populo agi non esse fas—Jove fulgente nefas esse 
cum populo ac/i, augur es omnes usque a Romulo deer ever e—In nostris corn- 
men tarns scriptum habemus , Jove tonante fulgurante Comitia populi haberi 
nejas b lumen simstrum auspicium optimum habemus ad omnes res praeter- 
quam ad Comitia 4 —and accordingly, if such appearances manifested themselves 
the meeting at once broke up; (e.g. Praetorum Comitia tempestas diremit:) 3 
but no distinct rules, as far as we know, were laid down in the earlier ao-es of 
the commonwealth with regard to observing and reporting such phenomena. 

About the year B.C. 156, a law, or perhaps two laws, one being supplementary 


demv?n ig LLM% a omp d Li*. aus P icanti Tripudium solistimum nuntiant. Cic. 
2 Cic. ad Fam. VI. 6. 

Fe„ Ci s °v d |£S; i. ZA “• ie N - D - n - -• de Le ^- 1L 12- in. 1 lit. XV. 7. VIII. ,7. 3a 

i Lh. XL 11 ^•cLp. i T. V c‘t in H. 8 i d t 8 Di, ' "• 18 ' 38 - 


COMITIA IN GENERAL. 


113 


to the other, were passed by Q. Aelius Paetus and M. Fufius, Tribunes of tlic 
Plebs, which are frequently referred to by Cicero, as Lex Aelia Fufia or Lex 
Aelia et Lex Fufia. 

One of the chief provisions of these enactments was, that it should be lawful for 
any of the superior magistrates to watch the heavens (servcire de coelo ) on the 
day on which assemblies of the people were held, whether Comitia Centuriata or 
Comitia Tributa, and if they saw lightning, to report this (obnuntiare) to the 
presiding magistrate. The right of observing the heavens, termed Spectio , 
belonged to the magistrates alone, and hence Cicero says, (Philipp. II. 32,) Nos 
(sc. augures) nuntiationem solam hcibemus , at consules et reliqui magistratus 

SPECTIONEM. 

But, by another principle in the discipline of the augurs, it was unlawful to 
hold Comitia while any one was known to be engaged in taking the auspices or 
watching the heavens, while the will of the gods might therefore be regarded 
as not yet fully ascertained (Orat, pro. dom. 15.) 

Hence, if, on the day when a meeting of Comitia was about to be held, one of 
the higher magistrates thought fit to announce to the presiding magistrate that 
he was engaged in observing the heavens, ( se servare de coelo ,) or if he 
gave notice previously that he intended to be so engaged on the day fixed 
for an assembly, this was held to be an Obnuntiatio , and the proceedings 
were stopped. 

The great object and effect of these laws was to impede hasty and rash legis¬ 
lation, by putting it in the power of every magistrate to stay proceedings; and 
hence they are described as propugnacula et muros tranquillitatis el otii by 
Cicero, (In Pison. 4,) who declares in another place, (In Vatin. 7,) ea saepe- 
numero debilitavisse et repressisse tribunicios furores. These laws, after having 
been strictly observed for nearly a century, were disregarded by Caesar and by 
Vatinius, during the consulship of the former, B.C. 59; for they persisted in 
forcing through several measures in defiance of a formal Obnuntiatio on the part 
of Bibulus and others. This violation of the constitution forms a theme of bitter 
invective in the speech of Cicero against Vatinius; and the opponents of Caesar 
maintained that all his own proceedings, (acta,) as well as those of his satellite, 
were in reality null and void. The Lex Aelia et Fufia was repealed by Clodius, 
or perhaps rather suspended, for it seems to have been in force at a period 
subsequent to his tribuneship (see Cic. pro Sest. 61. ad Q. F. III. 3. Philipp. 
H. 32.) 

Notice of Comitia.— The Comitia Centuriata and the Comitia Tributa were 
summoned by a written proclamation, (i edictum ,) issued by the consul or other 
magistrate who was to preside. 1 It appears to have been customary, from a 
very early period, 2 to issue this proclamation seventeen days beforehand, and 
this space of time was termed Trinundinum , because, in this way, the subject 
to be discussed became known to the people for three successive market-days 
(nundinae) before they were called upon to give their votes. But although this 
may have been the practice sanctioned by custom, there can be no doubt that it 
was often departed from in cases of emergency, and laws were passed, and 
magistrates were elected, sometimes even upon a single day’s notice. 3 But by 
the Lex Caecilia Didia , passed B.C. 98, it was positively enacted that no law 
could be proposed to the people for their acceptance until its provisions had been 

' 1 Liv. XXXV. 24. Aul. Gell. XIII. 15. 

2 Liv. III. 35. Maerob. S i. 16. 

3 Liv. IV. 24. XX IV. 7. XXV. 2. 

I 


114 


COMITIA TN GENERAL. 


^romvlaarZ,lr\ tv™ ,°r T J inu ^ dinum at least, (ut lege, Trmundino die 
{are kaem ms-,,’2 /I pnbllcatl0 , n b eing termed Promulgate, whence Promul- 
gare Legem means to propose a law. The provisions of the Lex Caecilia Didia 

XS>"'J e '- f”*«‘ b - r ^ Licinia Pmit 

Ft • -F’ j . ^ lcei ° makes repeated allusion to these laws and laments 

their violation during the troublous period when he lived. 

1 — c °mitia could be held upon particular days only, which 
these p l0 'n clrcurnstance T marked in the Kalendars as Dies Comitiales • and 

A' A }\ D * es Fes !i' Le - a11 da 7 s consecrated to the worship of the jrods and 

str. C S, 

2 The Nundinae or market days on which the country people came into the 
city to buy or sell, and which fell every eighth dav Thl ^ i * the 

may have been in part removed by lh e°Lex Hortemia 0 7b CmTlTh 
declared that it should be lawful to transact legafCLTss on tSe NundtaT 

si 

Tld™' S " e abo ( vt7fii'° * hat hPe W3S 0 

o' | 1 hghtnmg was seen or if a sudden storm arose. 3 See above r, 119 

3. If any individual present was seized with Epilensv a dispp^ wi-if' 

hence named Morbus Comitialis. 4 17 ’ dlsease which was 

4. By the intercession of one of the Tribunes of the Vbh* n.-c • v. , - , 

will be fully explained when we treat of the ma4tnc!^itself If. 1 

exerted m the case of a law, after the law had been 3 o -er hn L y „ 
people had begun to vote . 5 ‘ ei, but befoie the 

o. By lnght-fail coming on before the business was concluded. 

1 See Maerob. S. I 15. 16 Varro T T vt *to u * 

Sf r v. a. ckw , - ft } '#K.u>» 4 xs.s.^ii 

» Uril'lk *' Ci °- ° at 1,1 12 Di °“ XXXIX. 05. Plat . Aem . p au , 

Aui oe,, - x,x 2 


COM IT r A CUHIATA. 


115 


raid the same question might be again submitted to the people even on the day 
following. 1 y 

The above remarks apply, in a great measure to all Comitia. We now proceed 
to consider these assemblies separately. 


COMITIA CUEIATA. 

There can be no doubt that the Comitia Curiata , instituted, we are told, 2 by 
Romulus, formed the original, and, for a considerable time, the only popular 
assembly among the Romans; but the period during which this assembly 
exercised any considerable influence or control over public affairs belongs 
exclusively to that epoch of history which is involved in the deepest obscurity, 
and hence our information upon all matters of detail is extremely limited and 
uncertain. The following points seem to be fully established :— 

1. The constituent body of the Comitia Curiata , as the name implies, was 
composed of the thirty Curiae. The Curiae being made up of Patrician Gentes, 
it follows that the Plebeians must have been altogether excluded from these 
assemblies. Whether, in ancient times, the Clients of the Patricians took a part 
in the proceedings, is a question which has been much agitated; but it is very 
difficult to understand how a class of persons so completely under the influence 
of their Patrons as the Clients were, could have exercised any independent 
political power, and hence we are led to adopt the opinion of those who maintain 
that the Patricians alone had the right of voting. 

2. The Comitia Curiata being the only popular assembly up to the time of 
Servius Tullius, wielded all those constitutional powers, civil and religious, 
which were held to belong to the citizens as a body, although those powers, in 
the earlier ages of the state, could not have been very clearly defined. It elected 
the kings, all priests, 3 and perhaps the quaestors also, 4 enacted laws. 5 declared 
war, or concluded peace, 6 and was the court of last appeal in all matters 
affecting the life or privileges of Patricians. 7 

It would be vain if we were to attempt to enter into details with regard to the 
firms and ceremonies observed in holding the Comitia Curiata, indeed we ought 
always to bear in mind that the few particulars recorded rest, for the most part, 
upon the evidence of writers who flourished many centuries after the customs 
which they describe had entirely passed away, and who were ever prone to 
represent the usages of their own times as having existed unchanged from the 
most remote ages. On one or two topics we can speak with tolerable certainty. 

Each Curia had one vote, and the vote of each Curia was determined by the 
majority of voices in that Curia, every citizen voting individually ( viritim ) in 
the Curia to which he belonged. The question under discussion was decided by 
the majority of the Curiae. The Curia called up to vote first was termed 
Principium; but since we know that the same Curia did not always vote first, 
it is probable that the precedence was, on each occasion, determined by lot. The 
number of the Curiae being thirty, it might happen that they would be equally 
divided upon a question; but what provision was made to meet such a contin¬ 
gency is nowhere indicated. The debate regarding the disposal of the property 


1 Liv. VII. 17. X. 9. XL. 59. comp XXXI. 6. 7. 

2 Dionys. II. 14. 

3 Dionys. II. 22. Aul. Gell. XV. 27. 

4 See the conflicting testimonies of Junius Gracchanus ap. Ulpian. Dig. I. 13. and Tacit. 
Ann. XT. 22. 


5 Pompon. Pig I. ii. 2. 

6 Liv. L 24. 32 38. 49. Aul. Gell. XVI. 4 Dionys. VIII. 91. IX. 69. 
2 See Liv. I. 26. VIII. 33. Dionys. III. 22. 


116 


COMITIA CURT AT A. 


of the Tarquins turned, according to Dionysius, upon a single vote, so that the 
Curiae must have stood sixteen against fourteen . 1 

During the regal period, the Comitia Curiata could not meet unless summoned 
by the king, or by his representative, the Tribunus Celerum, or, in the absence 
of the king, by the Praefectus Urbis, or, when the throne was vacant, by an 
Inter-rex. These magistrates could not summon the Comitia unless authorized 
by a decree oi the Senate 5 and no measure passed by the Comitia was held 
valid until ratified by a decree of the Senate. Notice of the assembly was given 
by Lictors, one being attached to each Curia, ( Lictor Curiatus ,) who went 
round and summoned the members individually ( nominatim .) Public criers 
C praecones ) were sometimes employed for the same purpose. The place of 
meeting was the Comitium , where the tribunal of the king was placed (Comi- 
tium ah eo quod coibcint eo Comitiis Curiatis et litium causa .) 2 

Under the republic, when a Lex Curiata was required, one of the Consuls, a 
Piaetor or a. Dictator might preside. In cases of adoption and when matters of 
a purely religious character were debated, a Pontifex could hold the assembly, 
and we can scarcely doubt that the Curio Maximus (see p. 61.) must have, in 
some instances, enjoyed a similar privilege . 3 4 

It would seem that the same solemnities, with regard to auspices, sacrifices, 
and prayers, were observed in meetings of the Comitia Curiata which afterwards 
c uiacterised the Comitia Centuriata, and to these we shall advert more particu¬ 
larly in the next section. 


gradual decline of el>e Comitia Curiata.— The first blow to the influence 
of the Comitia Curiata was the establishment, by Servius Tullius, of the Comitia 
Centuriata, which included all classes of the community, and was doubtless 
intended to supersede, in a great measure, the most important functions of the 
existing assembly. The powers of both alike were, probably, almost entirely 
suspended during the despotic sway of the second Tarquin; but upon his 
expulsion, the Patricians recovered their power to such an extent that although 
the consuls were elected by the Comitia Centuriata, no measure passed by that 
body was binding until it had received the sanction of the Comitia Curiata, in 
which many of the most important measures with regard to the infant republic 
were originated and decided; and when the question arose with regard to the 
compilation of a new code of laws, the Patricians boldly declared— daturum 
leges nemmem nisi e Patribus. 4 But this controlling power was altogether lost 
wnen, by the Lex Publilia , passed by Q. Publilius Philo, dictator, B.C. 339, 
the 1 atres , i.e. the Patricians, were compelled to ratify beforehand whatever laws 
t ie Comitia Centuriata might determine— ut legum quae Comitiis Centuriatis 
ferrentur , ante mitum suffrcigium Patres auctores jierent (Liv. VIII. 12 .) 5 
i'Moreover, the foundations upon which the dominion of the Patricians and the 
Donutia Curiata rested were gradually undermined after the expulsion of the kings 
by the steaddy increasing influence of the Plebeians, who first of all extorted the 
light of electing, from their own body, magistrates invested with great powers foi 
7 , Infection of their interests; then organized their own constitutional assemblies, 
ne Comitia Tnbuta; then by the Lex Licinia (B.C. 367) obtained a share in 
ie consil khip ; and finally, by the Lex Publilia , passed at the same time and 


I Djonys IT. 14. IV. 20. 84. V. 6. Liv. I. 43. IX. 38. 

<L'*xv.X- 71 - ,x 4I - Liv - «• ”• *»• VL «. V.m> L.L. V. 5 ,55. LaeL 

l C'C. de leg. agr. II. ll. !2. Liv IX. 38. Aul. Gell V. 19. 

4 Dionys IX ,5 84. V. 6. 57. VI. 89 VII, 38 59. Liv. II. 56 III 11 31 

Confirmed by the Lex Maenia B.C. 2S6. See Cic. Brut. 14. pro Plane. 3. comp. Liv I 17 


COMITIA CUMATA. 


117 


by the same person with that mentioned in the last paragraph, established the 
important principle that all laws passed in the Comitia Tributa should be binding 
on the whole community —ut Plebiscita omnes Quirites tenerent (Liv. l.c.) 
Upon this topic we shall say more in treating of the Comitia Tributa. 

From this time forward we hear little of the Comitia Curiata, whose influence 
may be regarded as having completely ceased when the Plebeians were admitted 
to a full participation in all political rights ; and this assembly would probably 
have altogether disappeared had it not been closely connected with certain 
religious observances, which, according to the ideas of the people, could not, 
without sacrilege, have been committed to any other body. Of these, the most 
important were— 

1. The granting of Imperium or supreme military command. Although the 
kings were elected by the Comitia Curiata, it was essential that a second meeting 
of the same Comitia should be held for the purpose of conveying to the new 
sovereign Imperium , with which was always combined the right of taking the 
Auspicia in the field, a duty and privilege appertaining to the commander-in- 
chief alone. Now, although the doctrine long and strenuously maintained by the 
Patricians, that they, and they alone, possessed the right of taking auspices, 
was set aside upon the election of Plebeians to the consulate, it was still admitted 
that the power of taking auspices must emanate from and be conferred by the 
Patricians; and hence, after the election of consuls by the Comitia Centuriata, 
a law’ passed by the Comitia Curiata (Lex Curiata de Imperio) conferring 
Imperium and the Auspicia was, in practice, held to be essential down to the 
very close of the republic. 1 2 3 4 Thus, Comitia Curiata quae rem militarem con¬ 
tinent — Consult, si Legem Curiatam non habet , attingere rem militarem non 
licet—Demus igitur Imperium Caesari sine quo res militaris administrari , 
teneri exercitus , bellum geri non potest. ~ 

This meeting of the Comitia Curiata, although never dispensed with, became 
in process of time a mere form, and in the age of Cicero, the ceremonies were 
performed by an assemblage of the thirty Lictores Curiati , each representing 
his own Curia— Comitiis . . . illis ad speciem atquead usurpationem vetustatis 
per XXX. lictores auspiciorum causa adumbratis—Nunc quia prim,a ilia 
Comitia tenetis , Centuriata et Tributa , Curiata tantum auspiciorum causa 
remanserunt. s 

It would appear from an expression dropped by Cicero —Maiores de omnibus 
magistratibus bis vos sententiam jerre voluerunt 4 —that a meeting of the 
Comitia Curiata was anciently required to ratify the election of all magistrates ; 
but that when the procedure became a mere form, it was held to be essential in 
the case of the consuls only who thus received the auspices. 

2. Arrogatio .—When an individual passed by adoption into a Gens to which 
he did not previously belong, the sanction of the Comitia Curiata was held requi¬ 
site, because, since each Gens and Familia had its own peculiar rites, (gentilitia 
sacra — sacra privata,) the act of passing from one Gens into another, implied 
that the individual adopted must be relieved from the obligation to perform one 
set of rites, and must bind himself to maintain new observances. In this case, 
the question being regarded as one of a purely religious character, the assembly 

1 That there were some disputes upon this matter in theory appears from Cic. ad Fam. L 

ix. 13. T 

2 Liv V. 52. Cic. de leg. agr. II. 12. Philipp. V. 16. comp, ad Fam. I. ix. 13. ad Att. IV. 

18. ad Q,. F. III. 2. 

3 Cic. de leg. agr. IT. 10. 12. 

4 Cic. de leg. agr. II. 10. 


118 


COMITIA CUPJATA—COMHIA CENTUPJATA. 


bv Cilhn !’ y p- Pont ‘f ex > andt0 to® w « fil'd ail allusion in the words addressed 

^ C ’“™ to a P ud ™ris est, 

Coonhi'tin l°’ e j® nei was admitted into a Patrician Gens, the process was termed 
pSian L ? * Pleb ® ,an . ? ntered a Patrician Gens, Adkctio; when a 

pised totoTpiw” T at £ C ‘ a " f e “ S 10 another - Adoptto; when a Patrician 
adPWmn tS ^ Transduct,o ad Plebem , and he was said Transire 
y i- ■! term Arrn,mVu > comprehending all the varieties . 2 
* > mce it appears that the Curio Maximus was elected by Comitia we 
can scaice y doubt that the Comitia in question must have been the Comitia 
imata, although the words of Livy might lead to a different conclusion . 3 

COMITIA CENTURIATA. 

We have already (p. 69.) described the distribution of the whole bodv of 
Roman citizens by Servius Tullius into Classes and Cmturiae One of the chief 

<lur i" "hewbolIT’ 7%“!i eSta “ ment ofthe Comitia Centuriata, which, 

of h"e c n thmtr 03 fv r T W ‘ C ’ was regarded 38 the most mportan 
orea7cW a ctal f - f !n m K leS ’- “ d ™ st P ,ed Comitiatus Maximus. ‘ The 
? ... aracteiistic of the Comitia Centuriata was, that from the period of its 

of one T Was ’ f the wn Ctest sense ’ a nati °nal assembly, and not an assembly 
elZv "o? r thT Pat ‘he Comitia Curiata wes, it’all times, com P 3 

“S ’p the Patrician Gentes, and while the Comitia Tributa was for a 
considerable period, confined to the Plebeians, the Comitia Centuriata from the 

ItoianST^the , c , itiz ™ 3 whatsoever, (universus Populus 

omanus,) the leading principle of classification being property althouo-li hoth 

age and station exercised influence to a certain extent fnffsutorffaatettaUs 

C Z,Z ii et censu su ff ra S im firatur Centuriata Comitia esse .« 

7 flV, ,“n C " n *‘ , ,"“, i »» Comi.ia Centurla.n—We have seen fn 

70.) that the whole body of citizens was divided into 193 Centuries When JLv 

o q fTh« C™nts mit Es h C W ° enturiata U Was « d ” d "y a 

Lentuues - E lcl ! Century bad one vote, and the vote of each Centurv 

Cenfnrv tte ™ a J 0rit 7 of the individuals who were included in that 

Century. Consequently, ninety-seven Centuries would form a maioritv in the 

the Steen C a - be ‘ ba ‘ ** dL“2$L 

p ^^oteen Centuries of Lquites made up ninety-eight Centuries so that if the 
Centuries ot Equ.tes and of the first class were unanimous, the^oild alone d c de 

Mir" 10 "’ Wha f eve £ rin o !lt be the views and wishes ofthe remaining Classes 

most wealthvfft' ** ^ and the first class ™ compoSS^S 
ost wealthy citizens, the aggregate of individuals contained in these ninetv-eip-ht 

b “« mod. smaller than in any other cl ; " feet te 

lower,"and Aetowes'ciass^l claS8 ™' ld , ~ as the qualific’ation bekame 

of individuals than all the tT S 'p W0U d , doubtIcss contain a larger number 
f r than a11 tbe otber Classes taken together. Hence the obvious 

ttlellZ l ° thr 0 W , th c e Wh0k I’ 0 '™' » f tbe atate S the htdsTf 

) i le those possessed of moderate means, and those who had little 

III.94. Clt ' HlSt L 15 ‘ yee als0 Suet. Octav. 65. Dion Cass. XXXVII. 51. Appian. B.C. 

Adoptions in AuL Gd^V. P) b ’ Ner ’ L 0ctav - 2 . There is an important passage on 
3 Liv. XXVII. 8. 

i CL 0 ! de leI g ag TlI 9 2 COmp - ° rat ’ P ° St red Sen. H. 

6 Lael. ap. Aul. Gell. XV. 27. 


COMMA CENTUIilATA. 


119 


or no realized capital would have a mere nominal voice without real influence, 
except when dissension prevailed among the rich. This must have been the object 
of Servius, who intended the Comitia Centuriata to be the supreme constitutional 
assembly, and this design was probably carried into execution while he lived; 1 
but during the sway of the second Tarquin, all the principles and forms of the 
constitution were, in a great measure, set at naught, and his reign approached 
to a pure despotism. 

Comitia 4'culuriata at ?hc CoiainrncrnK'ut of she Kepiiblic.—After the 
overthrow ot the monarchy, the whole power of the state was for a time wielded 
by the Patricians; and although the Comitia Centuriata was not abolished, it 
occupied a dependent position, since no measure could be submitted to the 
Centuries without the sanction of the Senate, and no vote of the Centuries was 
held valid until ratified by the Comitia Curiata. 

But in the year B C. 339, one hundred and seventy years after the expulsion of 
the Tarquins, the Leges Publiliae were passed, (see above p. 116,) which virtually 
abrogated the power possessed by the Comitia Curiata by declaring that the 
Patricians should be required to sanction by anticipation whatever laws might 
be passed in the Comitia Centuriata, and, at the same time, checked and limited 
the influence of the latter, by raising up a rival co-ordinate power in the Comitia 
Tributa, which was now elevated to the rank of a national assembly, and its 
ordinances, originally applicable to the Plebeians alone, were now made binding 
upon the whole community. 

Ceniuria Praerogatira.—According to the constitution of Servius Tullius, 
when the Centuries were called up to vote they were summoned in regular order, 
beginning with the Equestrian Centuries, then the Centuries of the first class, 
and so on in succession. 2 Hence, as pointed out above, if the Equestrian 
Centuries and those of the first class were unanimous, the question was decided, 
and it was unnecessary to proceed further with the vote. But at an early period 
of the commonwealth, 3 a very important modification of these arrangements was 
introduced, the Centuries were no longer called up in regular order, beginning 
with the most wealthy and gradually descending, but the Century first called 
upon to vote was fixed by lot. The Century upon which the lot fell was termed 
Centuria Praerogativa , those which immediately followed were called Primo 
vocatae , 4 the rest lure vocatae. This precedence in voting, which we might, at 
first sight, regard as of no moment, was rendered of great importance by the 
superstition of the Romans. The decision by lot was believed to be regulated by 
the Gods ; and thus, the vote given by the Centuria Praerogativa was looked upon 
as an indication of the will of heaven, ( Praerogativam , omen comitiorum , Cic. de 
Div. II. 40,) and as such, was followed, in elections at least, by a majority of the 
Centuries. This is known to have happened not merely in particular instances, 
as when Livy (XXVI. 22.) tells us— auctoritatem Praerogativae omnes Cen- 
tnriae secutae sunt —but Cicero expressly declares that there was no example 
upon record of a candidate for a public office having failed to carry his election 
if he obtained the suffrage of the Praerogativa — An tandem una Centuria 

1 Dionys. IV. 20. 

2 Liv. I. 43. comp XLIII. 16. Dionys. IV. 20. VII. 59. 

3 The first allusion to the practice seems to be in Liv. V. 18. where the historian is 
recording the events of B C. 396. 

4 The primo vocatae may have been the Equestrian Centuries, but the matter is very 
doubtful. Livy (X. 22.) uses the expression —eumque et praerogativa et primo vocatae omnes 
centuriae consulem dicebant; elsewhere (XXVII. 6 ) he speaks of the Centuries which fol¬ 
lowed the praerogativa as hire vocatae, while the Pseudo Asconius (Act. t. in Verr. 9.) says, 
Praerogativae stmt tribus quae primae suffrugium ferunt ante iure vocatae. 


I 


120 


COMITIA CENTURIATA. 


P/ aerogativa tcintum habet ouctoritatis ut nemo unquam prior earn tulerit quin 
renuntiatus sit. Cic. pro Plane. 20. 

. t his wa y the influence of the wealthy Centuries, although the chances were 
m their favour, might sometimes be neutralized, and a Century of the fifth class, 
01 even the Capita Censi , might decide the fate of a candidate. 

e ^corporation of She Centuries with she Tribes- A change, apparently 

0 a V1 tal character, was introduced into the constitution of the Comitia Cen¬ 
turiata at some tune or other during the commonwealth, but, unfortunately, 
every thing connected with the history of this change, important as it must 
ia\ e been, is enveloped in such impenetrable obscurity that we can determine 
neither the period when it took place nor form a distinct conception of its 
natuie and extent. All that we know with certainty amounts to this, that 
the Centuries were somehow arranged so as to form component parts of the 
ocal lubes, and hence the Tribes are repeatedly mentioned in connection with 

the Comitia Centuriata, with which originally they had certainly nothing in 
common. 1 J ® 


Various schemes have been drawn up with much ingenuity by different 
scholars, pointing out how this might have been effected without totally 
destroying the fundamental principles upon which the Comitia Centuriata were 
based. Put it must be borne in mind that these attempts to solve the problem 
are little better than pure hypotheses, the notices contained in ancient writers 

being so scanty and imperfect that they can, without violence, be accommodated 
to plans the most opposite. 

Business transacted in the Comitia Centuriata.— This was threefold— 
1 . election of magistrates.— 2 . Enacting or repealing laws.—3. Criminal trials 
affecting the personal and political privileges of Roman citizens, to which we 

included under ^ aratl0n ot war and tbc conclusion of peace, although this is 

Magistrates. The magistrates, always elected in the Comitia Centuriata, 
were the Consuls, the Praetors and the Censors, to which we may add the Decem¬ 
viri during the brief period of their existence, and the Tribuni Militares consulari 
potentate.* It would appear that the Curule Aediles and the Quaestors might be 
chosen either m the Comitia Centuriata or in the Comitia Tributa, at least such 
seems to have been the case in the time of Cicero. ® We find also that in special 
cases the Comitia Centuriata nominated Proconsuls, and once it appointed a 
Prodictator. 4 Ihere is some reason to believe that during the first years of the 
commonwealth the Comitia Centuriata could not vote for any candidates for the 
consulship unless such as had previously received the sanction of the Senate: but 
ns restriction, if it ever existed, seems to have been removed about B.C. 482 
See Zonaras, as quoted by Niebuhr, vol. II. p. 205. 

Laws.-—Any proposal for enacting a new law or repealing one already in 
‘ S 8 ! 1 / be submitted to the Comitia Centuriata by the presiding magistrate, 
iad PrCV1 ° US J received the sanction of the Senate (ex senatus- 

CnimimZ Trials .—According to the laws of the Nil Tables, no charge 

C ;.r 0 l r d the Ca P ut ( see P- 83 0 of a Roman citizen, could be tried before 
7 tnbunal exce Pt the Comitia Centuriata— Turn leges praeclarissimcie de 


6. XXIX. 37. Cic. de leg. agr. II, 2. 


1 e g. Liv. XXIV. 7. XXVII 

2 Liv. III. 33. 35. V. 52. 

5 Liv! SylTs. xxiVs. 1 ' ,V - * “ d Fam - VIL ^ 


COMITIA CENTURIATA. 


121 


XII Tabulis tralatae duae: qiiarum altera privilegia tollit: altera de Capite 
civis rogari , nisi maximo comitiatu , vetat. —Cic de legg. III. 19. pro Sest. 34. 
From an early period, however, the Comitia Centuriata was in the habit of 
delegating its authority to commissioners, as we shall explain more fully in the 
chapter on criminal trials. 

Magistrates wSio could Summon and Preside at liie C'omilia Cen¬ 
tnriata.—Of the ordinary magistrates, the Consul , the Praetor Urbanus , and the 
Censor possessed this privilege, 1 and also the Decemviri and the Tribuni 
Militares consulari potestate , at the period when these offices were in existence; 
of the extraordinary magistrates, the Dictator , the Magister Equitum , and the 
Inter-rex; but all had not the same powers. 

When one only of the Consuls was in the city, it belonged to him to summon 
and preside at these assemblies, whatever the business might be—if both consuls 
were present, they usually decided by lot which of them should perform this duty 
—and when both were obliged to quit the city, they arranged beforehand, which 
should return and preside at the elections. 2 The Decemviri , the Tribuni Mili¬ 
tares consulari potestate , the Dictator and the Magister Equitum , stood 
exactly in the same position as the Consuls. 

The Praetor Urbanus could hold the Comitia Centuriata for trials only," 
except in some rare cases in which he received special authority, and which must 
therefore be regarded as exceptions to the rule. 4 The Censors could preside 
only when the assembly was convoked for matters connected with their peculiar 
duty of taking the Census, and the Inter-rex, probably, at elections only. The 
first Consuls, according to Livy, (I. 60,) were elected in the Comitia Centuriata 
by the Praefectus Urbi; but on this point he is contradicted by Dionysius 
(TV. 84.) ‘ 

Preliminary Forms.— To some of these we have already adverted— 

1. The Senate fixed the day on which the assembly was to be held, having, in 
the case of laws, given their sanction to the measure which was to be proposed. 

2. Public notice of the day of meeting and of the business was given by a 
written proclamation, ( edictum ,) usually seventeen days ( trinundinum ) before¬ 
hand. See above p. 113. 

3. Immediately after midnight, on the morning fixed for the assembly, the 

auspices were taken as described, p. 112. 

4. On the day of assembly a formal verbal proclamation was made by a public 
servant, a praeco , accensus , or cornicen , and in later times, according to Yarro, 
by an Augur , calling upon the people to meet before the Consul. 5 

Place ©f Meeting.—The organization of the Classes and Centuriae being 
orio-inally essentially military, the people were wont, in ancient times, to assemble 
in martial order, and probably fully armed. Hence the Comitia Centuriata is 
frequently termed, especially in legal or sacred formularies, Exercitus urbanus 

_ Exercitus centuriatus , or simply Exercitus —the presiding magistrate .was 

said Imperare exercitum , and when he dismissed the assembly, Exercitum 
remittereA But since it was contrary to the principles of the constitution that 
any body of armed men should congregate within the walls of the city, it was 


1 To these, some would add the Quaestore>s, at least in so far as trials in the earliest ages 
were concerned. See Varro. L.L. VI. § DO. comp. Liv. III. 24. 

2 Liv XXXV. 6. 20. XXIV. 10. 

3 Liv XXVI. 3. XLIII. 16. Dion Cass. XXXVII. 27. 

4 Liv. XXV. 7 XXVII. 5. tt vt««k 

5 4ul Gell XV. 27. and a somewhat obscure passage in Varro L.L. VI. § yo. 

G Varro L.L. VI. § 88. § 94. Fest. s.v. Remisso , p. 289. Liv. 1. 43. XXXIX. 15. Aul. Gell. 
XIII. 15. XV. 27. 


122 


COMITIA CENTURIATA. 


iZmZ Si^ e t C ° mit i a estimate shonld be held outside the Pomoermm. 

r;.Z lr°V^ we fln . d , the Ce " f,lHes ^“Wing fa. SeS 

SCtr S Poete l inu h outsi deof the Porta Nomentana, beyond the 
Vimmal,) but tins was for the special object of avoiding- the sio-ht of the 
Capitoline. 1 Even after the practice of assembling in arms had lorn- been 

aTemorial ’of^ie Campus Martius continued to be the place of meeting; and as 
a memorial of the precautions observed in ancient times, when Rome was 
suirounded by hostile tribes up to her very walls, to prevent a surprise a 

P ? St rt Up0 ‘! the Janic “ lum with a red banner (vexillum 
nifi colons) displayed. In the early ages, when this banner was lowered it was 

a signal that danger was at hand, and the Comitia immediately broke up. The 

find that ”he G consal^MetpIl ^ ’ and / cco ^ din g 1 7 5 m the time of Cicero, we 

be struck while The Sff orders for ,he fla 8 «» ‘he Janiculum to 
i 6 , . whde the 4 ial of Rabin us was proceeding, and thus succeeded in 
bieakmg up the assembly before it came to a vote 2 

beinTaTnomiToTfmTTh The citizens being assembled, and no interruption 
& announced fiom the auspices, the proceedings were opened bv a solemn 

ImJnT' ( so ^ mne carmen precationis—solemnis ista comitiorurn precatio _ 

longrim Mud comitiorurn carmen ,) offered up by the presiding magistrate and 

hes P ^ er WaS g f ne ? y i’ ifDOt aIwa ^’ P^led bv a ^sacrifice! 3 The^JZ 
ntes being completed, the president submitted to the meeting the matter upon 

by t d f 7 ide - a “ d ;»troduced bis statement ( F «/2 

the case of Tn XTT Pa bomm 'f aust ™’ /<**, fortunalumque sit. * In 

migS 'if fiT rea . °7 the " ames of the difellt candidates, and 

, thought fit, make observations upon their comparative merits 5 
After he had concluded, any magistrate of equal or superior raTk, or any of the 

if !!'!"' S ° ml gbt address the multitude, and then private individuals « 

if they could obtain permission from the president and the tribunes mteht mme 

ZtZZTZmaT' P’ M againSt ’ ™ea S „re-.l</ sZdZtTs- 

rogationemflS^It? t -*™ ams P r0 ™«dere et dissuadere (sc. 

ogationem; mom This portion of the proceedings beino- brought to -i 

t 8ep r e for r 

probably, a position assigned to it. Then followed the cithm of o,7„ T -I'’ 
winch Century should vote first (sortitio nraeroaatmne I Tl tS t0 d S C1 ? e 

them wTriil- ™ oi- XS^r^fafThiKa^^^Tr 5 ™^ and «• 

being the praeroaativa Wh™ th J r , • 6 < quae P nma exierat) 

1 ogativa. W hen the Centuna praerogatwa had given its vote. 


3 Liv. VI 20. 

2 Liv. XXXIX. 15 Macrob. 8. I 

3 Dionys. VII 59. IX. 41. X. 4 . 32 . 


Plin. Paneg. I. 63 
4 Cic de Divin. I 
6 Liv. 

6 It 


16 . 

Liv. 


... 45. 

X 22. XXII. 34. 


XXXVIII. 48. XXXIX. 15. Cic. pro iMuren. 1. 


4 ,;,. AAU. 0*1. 

6 .It , wo « lc l appear from Dion Cass 
spoke before the magistrates. 

7 Liv. XXXIV. 1. XLII. 34. 


XXXIX. 35. that 
Quintil. I. O. II 4. 


private persons, occasionally at least, 


COMITIA CENTURIATA—COMITIA TRIBUTA. 


123 


the other Centuries were called up in regular succession, beginning with the 
Equestrian Centuries and the first class, an arrangement which seems to have 
remained unaltered in the days of Cicero, although a bill was brought in by C. 
Gracchus to determine the precedence of the whole by lot— lex quam C. Grac¬ 
chus in tribunatu promulgaverat , ut ex confusis quinque classibus sorte centuriae 
cocarentur. But although it does not appear that this proposal ever became 
law, it would seem that the Centuries sometimes voted without paying attention 
to any regular order of succession, and were in that case said mire confusum 
suffragium. 1 The manner of taking and counting the votes, of announcing the 
result, and dismissing the assembly, being common to all Comitia alike, have 
been already detailed in p. 108. 

COMITIA TRIBUTA. 

As the Comitia Curiata were at all times composed of Patricians alone, so 
there is every reason to believe that the Comitia Tributa were originally confined 
to the Plebeians; the Comitia Centuriata being the only one of the three 
popular assemblies which, from the first, comprehended the members of both 
orders. Hence the Comitia Tributa are frequently termed Concilia Plebis , a 
name which they retained even after they had ceased to be meetings of the 
Plebs exclusively, 1 2 and the decrees passed in them were called Plebiscita in 
opposition to the Leges of the Comitia Centuriata; the resolutions of the Plebs 
being technically expressed by the verb sciscere , while the people at large were 
said iubere—Nullam illi nostri , [maiores,] sapientissimi et sanctissimi viri 
vim concionis esse voluerunt. Quae scisceret Plebes , aut quae Populus iuberet; 
summota condone , distribute partibus , tributim et centuriatim descriptis 
ordinibus , classibus , aetatibus , auditis auctoribus, re multos dies promulgata 
et cognita , iuberi vetarique voluerunt. 3 

Origin ami JProgress of she Comitia Tributa.— There can be little doubt 
that the Tribes, from the time of their organization by Servius Tullius, would 
occasionally assemble individually or collectively, for the discussion of matters 
connected with their local or general interests; but these meetings did not 
assume the form or dignity of regular Comitia until the year B.C. 491, when 
the Tribes were convoked to give their verdict on the charges against Coriolanus, 
and this is regarded by Dionysius as the first example of a meeting of the Comitia 
Tributa properly so called. 4 But even this might be regarded as an extraor¬ 
dinary procedure, not to be recognised as a precedent, and we can scarcely 
consider the Comitia Tributa to have been placed upon a regular footing until 
twenty years later, (B.C. 471,) when Publilius Volero, Tribune of the Plebs, 
passed a law which ordained that the Plebeian magistrates, who had hitherto 
been chosen by the Comitia Curiata, should for the future be elected in the Comitia 
Tributa. 5 This secured regular meetings at stated periods ; but the legislative 
powers of the Comitia Tributa, in so far as the community at large was concerned, 
were not fu’ly established until a much later period. We find three distinct 
enactments on this subject— 


1 Cic. Philipp II. 33. pro. Muren. 23. pro Cornel, fragm. Liv. XXIV. 7. XLIII. 1(>. Val 
Max. VI- iii. 4 Sallust, de ordin. rep. Epp II. 8. 

2 Liv. Ill 54. XXV. 3. 4. XXVIT. 5. XXXIX. 15. 

S Cic. pro Place. 7. Aul. Cell. X 20 XV. 27. Fest s.v. Populi, p 233. 

4 Dion vs. VII 50. 

5 Liv. II 50. Dionys. IX. 41. Zonar. VII. 17. 


124 


COMITIA TRIBUTA. 


1. Lex Valeria Horatia , passed by L. Valerius and M. Horatius when 
Consuls, B.C. 449, who legem Centuriatis Comitiis tulere , ut quod tributim 
Plebes iussisset , Populum teneret. 1 

2. Lex Publilia , passed by Q. Publilius Philo when Dictator, B.C. 339— 
Ut Plebiscita omnes Quirites tenerent. 2 

3. Lex Hortensia passed by Q. Hortensius when Dictator, B.C. 286— Ut 
Plebiscita universim Populum tenerent. 3 

It would, at first sight, appear that these laws, although spread over a space 
of a hundred and sixty years, were absolutely identical, each providing that the 
Plebiscita , or ordinances passed by the Plebs in the Comitia Tributa, should be 
binding not on the Plebs alone, but on the whole body of the Roman people 
(Quirites — universus Populus Romanus.') The difficulty may be explained by 
supposing that the Lex Valeria Horatia gave to Plebiscita the force of Leges , 
provided they were sanctioned by the Senate before being submitted to the 
Tribes, and subsequently ratified by the Comitia Curiata, that the Lex Publilia 
deprived the Comitia Curiata of all right to interfere, and that the Lex Hortensia 
declared the consent of the Senate to be unnecessary. This, it must be under¬ 
stood, is merely a hypothesis; but it is not improbable in itself, and is in 
accordance with what we know positively with regard to the progress of the 
constitution. 

From the passing of the Lex Valeria Horatia , the Comitia Tributa assumed 
the right of discharging functions of the same nature as those committed to the 
Comitia Centuriata, that is, the election of magistrates, the enactment of laws, 
and the trial of criminals. And we can have little doubt, that from this time 
forward the Patricians and their Clients voted in these assemblies, while we 
have no evidence to prove that this took place before the enactment of the laws 
of the XII Tables, B.C. 450. It is true that, theoretically, those matters alone 
ought to have been submitted to the Comitia Tributa which were conceived to 
affect peculiarly the interests of the Plebs; but it is easy, at the same time, to 
perceive that this principle, even if fully recognised, would admit of great latitude 
of interpretation in times of popular excitement. After the Plebeians were 
admitted to a full participation in the honours of the state, there appears to have 
been little collision between the Comitia Centuriata and the Comitia Tributa , 
each assembly had its own duties defined with sufficient distinctness, to which 
they, for the most part, confined themselves. 

Those which fell to the Comitia Tributa in the three departments noticed above, 
may be briefly enumerated. 

Alagisarates.—1. The purely Plebeian magistrates, in terms of the law of 
Publilius Volero, namely, the Tribuni Plebis and Aediles Plebeii. 

2 . The Aediles Curules and the Quaestores , during a considerable period; 
but upon this point we shall speak more at large when treating of these offices. 

3. The members of the great colleges of priests, after the passing of the Lex 
Domitia , B.C. 104. 

4. Most of the inferior magistrates such as Triumviri Monetales; Triumviri 
Capitales , and others to be specified hereafter (Aul. Gell. XIII. 15.) 

5. Such of the Tribuni Militum as were not nominated by the general (Sail. 
Jug. 60. Liv. VII. 5.) 

6 . The commissioners, ( Curatores ,) appointed from time to time for portioning 

1 Liv. III. 55. Dionys. XI. 45. 

2 Liv. VIII. 12. 

3 Aul. Gell. XV. 27. Liv. Epit. XI. riin. H.N. XVI. 10. Gaius I. § 3. 


COMITIA TRIBUTA. 


125 


out grants of the public land among the poorer classes ( Duumviri , Triumviri , 
Sf'C. agris dividundis. Cic. de leg. agr. II. 7.) 

Trials. —These were originally limited to cases which involved a charge of 
having invaded or infringed the rights and privileges of the Plebeians as an order. 
Such were the trials of Coriolanus, of Kaeso Quinctius, of Appius the Decemvir, 
and of Caius Sempronius. 1 Subsequently this jurisdiction was extended, 2 in so 
far as the nature of the offences was concerned; but by the laws of the XII 
Tables, the Comitia Tributa were prohibited from inflicting any punishment more 
severe than the imposition of a fine—( multae irrogatio )—an offence involving 
the Caput of a Roman citizen, could be tried before the Comitia Centuriata only. 

Laws.— It is a matter of great difficulty to fix, in general terms, what class 
of laws could be legitimately submitted to the Comitia of the Tribes, and indeed 
it would seem that this point was never very clearly defined. According to the 
theory of the constitution, it would be those only which bore upon the interests 
of the Plebs as a separate order; but this limitation would manifestly prove 
almost worthless in practice, for no measure whatsoever could be brought forward 
which might not be proved to bear either directly or indirectly on the interests of 
the Plebeians. The difficulty was increased by the circumstance that the Senate, 
when extraordinary dispatch was required, or when it seemed, unnecessary to 
observe all the tedious forms required for the Comitia Centuriata, frequently 
requested the Tribunes of the Plebs to submit matters to the Comitia Tributa 
which, under ordinary circumstances, would have been placed before the Comitia 

Centuriata. ..... 

That the powers of the Comitia Tributa were held to be limited is clear from a 
passage in Livy, (XXXVIII. 36. B.C. 188,) where C. Valerius Tappus, a Tribune 
of the Plebs, is represented as having brought in a law for bestowing the full 
Civitas on the inhabitants of Fundi, Formiae and Arpinum, on which foiir of 
his colleagues were about to place their Veto, on the ground that it had been 
introduced without the sanction of the Senate, (quia non ex auctoritate Scnatus 
ferretur ,) but withdrew their opposition— edocti populi esse non Senatus ius , 
suffragium , quibus velit , impartiri. But although the powers of the Comitia 
Tributa were, to a certain extent, ill defined, there were some matters, such as 
the election of consuls and other superior magistrates, in which they never 
attempted to interfere. 

Magistrates will© Summoned ami Picsidcd in flie Comitia .Tributa. 

—The Tribuni Plebis were naturally the persons by whom the Comitia Tributa 
were, in most cases summoned, and who presided. When a measure was 
proposed by one Tribune specially, with the consent, however, of all his colleagues, 
which was essential, he would obviously preside at the meeting called to co.nsic ei 
it. When matters were brought forward in which the whole college of Tribunes 
might be supposed to feel an equal interest, then, in all probability, the presidency 

was decided by lot (Liv. III. 64.) . . . „ .. , . 

The Aediles Plebeii also had the right of holding the Comitia Tributa, but 
only, it would seem, for impeachments and matters of police immediately con¬ 
nected with their own peculiar jurisdiction. 3 . . 

The Consuls and Praetors frequently presided at the election of such magistrates 
as the Aediles Curules and the Quaestores , and also at trials, but very rarely 
when laws were proposed; and it seems certain that no measure whatsoever 


1 Dionys. VII. 59. Liv. II. 35. III. U- 56. IV. 44. 

2 e.g. Liv. XXV. 3. Val. Max. VI. i 7. . „ 

- -■ Dionys. X. 48. Val. Max. VI. i. «. 


8 Liv. III. 31. 


126 


COMITIA TttlBUTA. 


Xto n P S^w?' ribes ’ nor any bas!nes9 ke transactcd ' v!tll0,,t tIie 

diS»^ m T 0 r i!,S -f k f C ri ti3 T ‘; ibuta mi ght be eeramoned at the 
a sc ctimi of tne Tribunes of the Plebs. Notice was given of the proposed 

meeting, sometimes verbally from the Rostra , more frequently by means* of a 

hlU !f UP “ thG F ° rum ’ and the Viatores of the Tribunes 
1 min l *° warn the country voters within reach. When the public 
notice was given the nature of the business was explained, and when a law was 

CalctofJT*' a C °f{- f thG laW ’7 ith the names of its most strenuous supporters 
(auctorcs) was publicly exposed, such publication (promulaatio 1 after flu’ 

passing of the Lex Caecilia Didia (see above, p. 113 ) takinfplace at least a 
Tnnundinum before the day .fixed for the assembly. ^ b 1 Gli&t a 

Mace ®f Meeting—The Comitia Tributa not" being like the Comitia Ten 
tunata, essentially a military assemblage, might be held any wheL eXfwftL' 
or without the walls, provided the distance from the Pomoerlum was not mo^e 
. n a aiie ’ b e y°nd which limit the Tribunes had no jurisdiction The ordinarv 
place of meeting within the city was the lower FoS,aXore r^v7e 

‘Jjf 0 ’ WIthout the clt Ti the Campus Martins, or the Prata Flaminia 2 " 

sk xu sssiz 

to ^e^eetL^ThTmTtte7fm he havin f assembled, the president explained 
Foposed, it ™ read over by a clerk (scrit) Tpublic IZ irLo^Y™ 

:;;r ;z‘ - -— 

that which o n A™ C3St ’ deCldin§ ' the 0rder in which each tribe should vote 

question at issue. ^ e ’ and t ie nia Jonty of Tribes deciding the 

the^popular aseemltfthecff T ft* T^ocratic “ * eonstitution of all 
their place of Senee 1;^,? r' ° f ‘ft voter3 - pending entirely upon 
be supposed that the suffrage of'oVrV" ' ‘fortune, or a » e > d niust not 
question, s!nce this could o^lv bf ft ft “ d e<!l,al we « Ilt in deciding a 
exactly the same number of vote -' 6 wft' ‘ft l ? ase ft d eacl * Tnbe contained 
people into ioea, tribes, the sum LutZtZZ 

!, - 1 V 3 * i J JutTc 3 G?a^dh! I 3 2L XXXI11, 25, XLIIL J6 - Cic. ad Fam. VII. SO. ad 
n this a doubt may exist, see p. 110. and the references in note. 


COMITIA TllIBUTA—C OMIT IA CALATA. 


127 


was not very great, and the Roman territory was divided among a very large 
body of small proprietors, so that the number of individuals in each of the four 
regions of the city did not, probably, greatly exceed the number of those who 
were enrolled in the twenty-six country districts. But, as the population of 
Rome increased, the estates around became more extensive, and the number of 
proprietors and of free labourers diminished, so that the disparity of numbers 
in the City and the Rustic Tribes must have been striking, although this was, to a 
certain extent, counterbalanced by the enrolment in one or other of the Rustic 
Tribes of the inhabitants of those Municipia who, from time to time, were 
admitted to the full Civitas. The Tribe to which each citizen belonged was, 
strictly speaking, determined by the place of his abode; but a wide discretion 
seems to have been left to the censors, under whose inspection the lists were 
made up. Accordingly, we find that Appius Claudius, (censor B.C. 312,) who 
seized every opportunity of mortifying the aristocracy, in order to render the 
Comitia Tributa more democratic, and to neutralize the influence of the country 
voters, dispersed the lowest class of citizens among all the Tribes ( humilibus per 
omnes tribus divisis Forum et Campum corrupit . . . Ex eo tempore in ducts 
partes discessit civitas. Aliud integer popidus , fautor et cultor bonorum , 
aliud forensis factio tenebat .) 1 This arrangement was, however, overthrown 
by Q. Fabius Rullianus, who, when censor, (B.C. 304,) enrolled the whole of 
the u forensis turba” in the four city tribes, and thus gained for himself and his 
descendants the title of Maximus — Fabius , simul concordiae causa , simul ne 
liumillimorum in manu Comitia essent , omnem forensem turbam excretam in 
quatuor tribus coniecit, urbanasque eas appellavit. 1 2 3 

The changes which took place from time to time regarding the Tribes in which 
Libertini were enrolled have been already noticed. See p. 102. 


COMITIA CALATA. 

In addition to the Comitia Curiata , C. Centuriata and C. Tributa , we find 
a fourth species of Comitia mentioned, although rarely, by ancient writers, under 
the name of Comitia Calata , and much discussion has taken place among 
scholars with regard to the nature and object of these assemblies. Our chief 
information is derived from the following passage, in Aulus Gellius (XV. 27.)— 

In libro Laelii Felicis ad Q. Mucium primo scriptum est , Labeonem scribere , 
Calata Comitia esse, quae pro collegio pontificum habentur ant Regis aid 
Flaminum inaugurandorum causa. Forum autem alia esse Curiata, alia 
Centuriata. Curiata per lictorem Curiatum calciri id est, convocari: 
Centuriata per cornicinem. Iisdem Comitiis quae Calata appellari diximus , 
et Sacrorum Detestatio et Testamenta fieri solebant. Tria enim genera 
lestamentorum fuisse accepimus; unum , quod in Calatis Comitiis , in condone 
populi fieret , &c. 

It appears from this— 

1. That the Comitia Calata was an assembly held by the Pontifices, and 
here we may remark that the verb Calare , meaning to summon , was in ordinary 
use among the Roman priests, whose attendants were termed Calatores. 

2. That the people assembled sometimes in Curiae and sometimes in Cen - 
turiae. 


1 Liv. IX. 46. 

3 Liv. I c. 

3 Varro L L. V. §13. VI § 16. 27. Paul. Diac. s.v. Calatores, p. 38. Macrob. S. 1. 15. 
Strv. ud Virg. G. I. 268. iEn. VIII. 654. 


128 


COMITIA CALATA. 


3. That the objects for which these meetings were held were threefold—(a) 
lor the consecration of certain priests, the Rex Sacrificulus and the Flamines 
• (6) For the making ot wills—(c) For the Detestatio Sacrorum. 

liom a full consideration of the above, and all other passages bearing upon 
this subject, it appears probable that these assemblies were of the same nature 
as those held in the Capitol, in front of the Curia Calabra , (see p. 26,) to 
which the people were convoked ( calabantur ) on the appearance of each new 
moon, when one of the Pontifices or the Rex Sacrificulus made proclamation 
( calando prodebat ) of the distribution of the Nones and Ides for the month, 
and also ot the days consecrated to the worship of the gods. It seems certain, 
moreover, that in the Comitia Calata, for whatever purpose summoned, the 
people at large were altogether passive, being merely listeners receiving infor¬ 
mation, or witnesses beholding some formal procedure . 1 

^ ^ to ^ ie m aking of wills, we find a distinct assertion in Gaius (II. 

^ 10 ? \)—/ e ^ tamentor u m autem genera initio duo fuerunt: nam aut Calatis 
Comitus faciebant, quae Comitia bis in anno testamentis faciendis destinata 
erant, &c.—and then proceeds to say, that the practice of making wills in this 
manner had fallen altogether into disuse. A will made in the Comitia Calata 
wa», in all probability, a formal public declaration by the testator, of the manner 
in which he wished his property to be disposed of after death, and this method 
was resorted to at a period when written documents were little employed, in order 
that his real wishes might be proved by a multitude of witnesses, and all dispute 
and litigation thus obviated. 

With regard to the Detestatio Sacrorum it is impossible to speak with confi- 
^ ence, since the expression is found nowhere except in the passage quoted above, 
it is generally believed to have been a formal declaration upon the part of an 
heir, that he renounced certain sacred rites which were occasionally attached to 
property, - such renunciation requiring the sanction of the Pontifex Maximus, 
given m presence of the assembled people. 

If the views explained above are correct, it follows that Comitia Calata 
approached more nearly in their character to Condones than to Comitia properly 
so called, since the essence of Comitia was wanting, the people not being asked 
to vote upon any proposal, but summoned merely to see and to hear; and this 
is confirmed by the expression of Aulus Gellius -Tria enim genera testamen- 

torum fuisse accepimus unum quod Calatis Comitiis in concione populi 
jitrcc. (xC* 

wordT“ i,ia 5l55,I< r — This subject may be dismissed in a very few 

Conutia Curiata.-— The Comitia Curiata continued to meet under the Empire, 

Z ri P !- rP 0 S r 0 T-u 0 ][ 1 ? rm 1 in ^ A ad °P tions - ^9^ Curiatae were passed, ratifying 
the adoption of Tiberius by Augustus and of Nero by Claudius. The ceremony 

C< t0 as c ! on . lmon 111 the s P cech o f Galba, reported by Tacitus, and although 
<lt a ! ater P enod the consent of the Senate was held to be sufficient, the ancient 
practice was not formally abrogated until a law was enacted (A.D. 286) bv 
locletian declaring— Arrogatio ex indulgentia principal facta , perinde valet 
essetF )aet ° rem velPraesidem intimata, ac si per Populum iureantiquo facta 

Serv V ad r Virg L b V f. 5 263. iEn ? VHP 654 PaUl * DiaC ‘ S ' V ' Calatores < P- 38. Macrob. S. I. 15, 

2 Cic. do loirg. II. 21. 

Cod S C t °VliI: fu-iilf 1 - Ana X "' * *'• Hisl - '■ '*• Won Cass. I.XIX. 20. LXXIX 11. 


COMITIA UNDER THE EMPIRE. 


129 


Comitia Centuriata and Comitia Tributa. —We have seen that the prero¬ 
gative of the people, as exercised under the republic, in these Comitia, was 
fourfold—1. To declare war and to conclude peace. 2. To act as a supreme court 
ot criminal judicature in all cases affecting the life and privileges of a Roman 
citizen. 3. To enact laws. 4. To elect magistrates. 

1. With regard to the first of these matters, the people seem never to have 
been consulted after the battle of Pharsalia. 1 

2. Their direct interference with the second had been, in a great measure, 
rendered unnecessary, by the institution of the Quaestiones Perpetuae, which we 
shall discuss at large hereafter. They still, however, even in the age of Cicero, 
acted as judges in causes, such as that of Rabirius, for which no separate court 
had been established, and their control over criminal prosecutions was fully 
acknowledged in theory until they were finally deprived of all jurisdiction by 
Augustus. 2 

3. They retained the power of enacting laws, ostensibly at least, for a longer 
period. 

Augustus submitted several measures to the people in their Comitia according 
to ancient forms, and in some instances met with such strenuous opposition that 
he was compelled to modify his proposals. His example was followed to a certain 
extent by Tiberius and Claudius; and the assemblies appear to have been 
occasionally summoned for legislative purposes as late as the reign of Nerva. 
Gradually, however, the epistles and decrees of the Prince and the resolutions of 
the Senate, passed with his approbation, superseded all other legislation ; and we 
have no reason to believe that any bill was ever submitted to the Comitia after 
the close of the first century. 3 

4. The Comitia were still summoned for the election of magistrates in the 
second century, but they did not possess even a shadow of power. Julius Csesar 
and Augustus recommended , as the phrase was— Commendo vobis —the persons 
whom they desired to raise to the Consulship, and also one half of the number of 
candidates requisite to fill the other offices of state, professing to leave the 
remaining places open to free competition, and Augustus even went through the 
farce of canvassing the electors in person on behalf of those whom he had 
named. 4 But under Tiberius, the little which had been left by his predecessor 
was taken away; and while the Emperor still continued to nominate the Consuls 
and a certain number of the magistrates of inferior grade, the rest were selected 
by the Senate. However, when Tacitus says (Ann. I. 16) — Turn primum e 
Campo Comitia ad Patres translala sunt —he does not mean to assert that 
popular assemblies for the election of magistrates were no longer held, but merely 
that they thenceforward ceased to exercise any real influence. 5 The Comitia 
Centuriata were regularly summoned, and met, as in the olden time, in the 
Campus Martins; and down to the period indicated above, the proceedings seem 
to have been conducted with due regard to all ancient forms and ceremonies. A 
Consul presided, auspices were observed, prayers and sacrifices were offered up, 
and even the red flag was hoisted on the Janiculum ; 6 but the people, instead of 


1 See Dion Cass XLI1. 20. 

2 Dion Cass. LVI 40. 

3 Suet. Octav. 34 Vesp II. comp Senec de benef. VI. 32. Gaius I. §4. 5. Digest. I. ii. 2. 
J 12. iii 9 iv I. The words of the Institutions I. ii. 5. are very distinct. 

4 Suet. Caes. 41. Octav. 40 56. Vitell II. Tacit. Hist I. 77. comp. Dion Cass. XLII. 20. 
XLIII. 45 47. 51. LI11 21. LV. 34. Appian. B C 1 103 

5 Tacit. Ann. i. 16 81. Velleius II 124, 126 Dion Cass- LVIII. 20. 

6 Suet Vesp 5 Dora. 10. Plin. Pancgyr 63. seqq, Dion Cass. XXXVII. 28. LVIII. 20. 
comp Vopisc Tacit. 7. 

K 


130 


COMITIA UNDER THE EMPIRE. 


being called upon to choose freely from a numerous body of aspirants, were 
required merely to give their sanction to a list, previously drawn up by the Prince 
and the Senate, containing the exact number of individuals requisite to fill the 
vacant offices, and no more. An attempt was made by Caligula to make over 
once more the elections to the people, but the arrangements of Tiberius were soon 
restored. 1 Although the people were thus altogether excluded, the power of 
selection intrusted to the Senate was, under some emperors at least, exercised 
freely. This appears from the accounts transmitted to us by the younger Pliny 
of the zeal with which the Senators were canvassed and bribed, just as the larger 
constituencies had been in former days ; of the violent party spirit exhibited, and 
of the scenes of tumult and confusion which arose, and which rendered the 
introduction of the ballot expedient, forcibly contrasting these disorders with the 
grave and dignified composure which had characterized the proceedings under 
the first Emperors. 2 

It would appear that at the beginning of the fourth century the people had 
ceased to be called together even as a matter of form, and by writers who 
flourished at the close of that century the Comitia are spoken of as political 
institutions understood by antiquarians only. s The words of Symmachus (ft. 
A.D. 380) are very distinct as to the practice in his time— Intelligamus nostri 
seculi' bona: abest cera turpis, diribitio corrupta clientelarum cuneis , sitella 
venalis. Inter Senatum et Principes Comitia transiguntur: eligunt Patres , 
confirmant Superiores. (Orat. ined. p. 40. ed. Mai.) 

, 1 Suet - Cal. 16. Dion Cass. LIX. 9. 20. comp. Juv. S. X. 77. Modest. Digest. XLVIII xiv 
1. Dion Cass. LII. 30. 

T 2 ^P-EPP- IIL 20. comp. IV. 25. VI. 19. Tacit. Ann. IV. 2. XIII. 29. Dion Cass. 
Laa V 111. 22 . 

3 Arnob. adv. gent. II. 67. Ammian. Marcell. XIV. 6. 


CHAPTER V. 


MAGISTRATES OF THE REGAL AND REPUBLICAN PERIODS AND 
UNDER THE EARLY EMPERORS.' 


REGES. 

For two hundred and forty-four years after the foundation of the city, the 
administration of public affairs was in the hands of one supreme magistrate, who 
held his office for life, with the title of Rex. 

Duties discharged by the King. —The functions of the King were three¬ 
fold— 

1. He was the supreme civil magistrate, the upholder of order and the laws ; 
he alone had the right to summon meetings of the Senate and of the Comitia 
and to guide their deliberations, and he presided in all courts of justice. 

2. He was commander-in-chief of the armies of the state. 

3. He was chief priest, and as such, exercised a guiding influence over all 
matters connected with public religion. 

iriode of Election. —Although the office of King was held for life, it was not 
a hereditary but an elective monarchy. When a King died, the supreme power 
(summa potestas ) having proceeded from the Patricians, who constituted the 
Populus , was supposed to return to them (res ad patres rediit .) They were 
forthwith summoned ( convocabantur ) by the Senate; they assembled in the 
Comitia Curiata, and proceeded at once to choose, out of their own body, a 
temporary King ( prodere interregem) to discharge the duties of the regal office 
until matters were ripe for a new election. This Interrex remained in office for 
five days, and then himself nominated ( prodidit ) his successor, who continued 
in office for a like period. It was understood that the Comitia for the choice of 
a new King was not to be held by the first Interrex, but the second might 
proceed to the election; if a longer period was required for deliberation, a number 
of Interreges might follow in succession. At length the Interrex and the Senate 
having, in all probability, made arrangements as to the person to be proposed, 
and the Comitia Curiata, consisting entirely of Patricians, having been regularly 
summoned by the Interrex, the individual nominated by a majority of the 
Curiae was chosen ( creatus est ) King; but the Curiae were restricted to those 
candidates who had received the sanction of the Senate, and were proposed by 
the Interrex— Tullum Hostilium populus Regem , interrege rogante , Comitiis 
Curiatis creavit. When the result had been announced by the Interrex who 
presided, the monarch elect was conducted by an Augur to the Arx, and there 
seated on a stone called the Auguraculum, with his face to the south. The omens 


1 The best summary of all that is known with regard to the Roman mag : strates will be 
found in Becker, Handbuch der Rdmischen Altherthumer, liter. Theil. !te. Abtheil. p. 291 
—339; 2to. Abtheil p. 1—456. and the continuation by Makuhakm. 


132 EEGES—TRIBUNES CELEEUM- 


■PEAEFECTUS UEBI—QUAESTOEES. 


v/ere then observed, and if favourable, the fact was announced bv the augur to 
the multitude assembled in the Forum below; and the choice of the Curiae, in 
f° Iar as l ! ! e Py iestl y character of the monarch was concerned, was declared to 
J 3 ia 1 e y ttie approval °f the gods. 1 Finally, the new King summoned the 
Lonntia Curiata, and submitted to them a law conferring Imperium upon 
mnselt, - and this having been passed, 3 the ceremonies were held to be complete. 

uc i, as far as we can gather, from the indistinct and inconsistent statements 
t those writers who have touched upon this obscure period, were the forms 
ancien } o served, ihe accounts with regard to the Interrex are especially 
contradictory, and the authors who speak witli the greatest precision, evidentlv 
took it for granted that all the rules and usages connected with the Interrex of 
«.e repubhcan times were identical with those in force in regard to the functionary 
wfio bore the same appellation in the days of the Kino S 4 J 

. J erViuS J uI1 : uS l was > w ® are ‘ old ’ the «"* King Who seated himself upon the 
M ' ,a ™g been Aul y elected by «*e Comitia Curiata, (iniussu 
but he obtained their sanction to a Lex Curiata de imperio (Cic. de 

SMs.gBiEa of the filings. 3 —These Were_ 

*'• T ^ relve attendants, called Lictores , each bearing a bundle of rods, with an 

o a n v mi S ; (f asces cum secunbus,) emblematic of the power of scourging- 
and of life and death. b ° 

2. Sella Curulis , a chair of state ornamented with ivory. 

• oga Praetexta , a white cloak or mantle with a scarlet border, or some¬ 
times a Toga Picta , a cloak embroidered with figures. 

4. T) abea, a tunic striped with scarlet or purple. 

TRIBUNUS CELEEUM. 

The Tribunus Celerum or commander of the cavalry, occupied the second 

b e eing r rt a i d - d —™p * ‘be Kill; andhisrepresentative 
m military affan s • G on the other hand, the 

CUSTOS UEB1S S. PEAEFECTUS UEBI 

;?t the $*? Tei: wle y aiso e ^ *° “ * dep "* wh » to 

QUAESTOEES; 

theb W onl a "wSr ^ l ' P0 " th *" U ” tU We discuss tbe of 

withtfie— pr0Ceed t0 treat of the magistrates under the republic, commencing 

CONSULES. 

©**igi, B of Jhe Wfhce. Upon the expulsion of the Kings, it was resolved in 
dance, we are told, with a suggestion contained in the commentaries of 

2 Cic! de! R I P L U l t 3U7 n |8 7 21. PaUL DlaC ' S ‘ V ‘ Au S^aculum, p. 18. 
fuerunt See Ut.^Tt W “ ex P ressed thc Phrase Patres auctores fiant-Patre* auctorei 
vfl T n C 2| ief vTl t I h °l! U, lv are - Ci « d « :R 11 12 - Liv.I. 17. 32. Ill 40. IV 7 V 31 VI 4, 

ISiaaRcYaS. ™ * 9 - VIII. 90. 




? Dion,, IV 71. L,d. * ma g is,:.:,4V 


7 Taoit. Ann VI. 


CONSULES. 


133 


Servius Tullius, who, it was believed, contemplated the establishment of a repub¬ 
lican constitution, to place the executive in the hands of two supreme magistrates, 
who might act as presidents of the infant commonwealth . 1 

These two magistrates were originally designated Praetores, 2 that is, leaders, 
(quod populopraeirent ,) and sometimes Indices ; 3 but both of these appellations 
were superseded at an early period 4 by the title of Consui.es, bestowed, it 
would seem, because it was their duty to deliberate for the welfare of the state, 
(consulere reipublicae ,) while the names of Praetor and Index were eventually 
transferred to other functionaries. 

Original Jurisdiction of the Consuls.—The Consuls at first exercised pre¬ 
cisely the same powers, both civil and military, as the Kings— Uti consules 
potestatem haberent tempore dumtaxat annuam , genere ipso et iure regiam — 
Regio imperio duo sunto; 5 but from the immutability believed to attach to 
things sacred, it was held that certain holy rites, which in times past had been 
performed by the Kings, could not be duly solemnised by persons bearing a 
different title and holding office according to a different tenure. Accordingly, a 
priest was chosen for the special purpose of discharging these duties, and was 
designated Rex Sacrorum or Rex Sacrificulus. 

But although the civil and military functions of the Kings were transferred to 
the Consuls, the power wielded by the latter was very different in consequence of 
numerous important limitations and restrictions— 

1. The Consuls were always two in number (imperium duplex .) When both 
were in the city or in the camp together their power was equal, and neither 
could take any step without the consent of the other. Moreover, an appeal lay 
from the judicial sentence pronounced by the one to the other (appellatio collegae ) 
who had the right of cancelling the decision (intercessio collegae.') 6 If a Consul 
died or resigned while in office, the remaining Consul was obliged to summon 
the Comitia for the election of a colleague ( subrogare s. suffcere collegani) to 
fill the vacant place for the remainder of the year; and a Consul so chosen was 
termed Consul suffectus , in contradistinction to Consules ordinarii , elected in 
usual manner. 

There are only four, or rather two, instances upon record of this rule having- 
been violated during the period of the republic—one in B.C. 501, soon after the 
institution of the office, when the death happened so near the close of the official 
year that a new appointment was considered unnecessary—the other in B.C. 68, 
when L. Caecilius Metellus having died, and the Consul suffectus chosen to fill his 
place having also died before entering upon office, a second election was regarded 
as ominous, and Q. Marcius Rex remained sole Consul. Cn. Papirius Carbo, after 
the death of his colleague Cinna, (B.C. 84,) remained sole Consul for nearly a 
year; but this was during a period of civil war, when the forms of the consti¬ 
tution were altogether disregarded; and again, in B.C. 52, Cn. Pompeius was 
deliberately elected Consul sine collega; but this was at a juncture when the 
extraordinary disorders in the state called for extraordinary remedies, and 

1 Liv. I. 48. 60. Dionys. IV. 40. 

2 Liv. VII. 3. where the Consul is styled Praetor Maximus. Plin. H.N. XVIII. 3. Varro 
L.L. V. §. 80. Fest. s.v. Maximum Praetorem, p. 161. Aul. Gell. XX. 1. 

3 Varro L.L. VI. § 88. Liv III. 55. Cic de legg. Ill 3. It may be doubted, however, 
whether the term ludices, which manifestly refers to their judicial functions, was ever 
applied as a general title. 

4 According to Zonaras (VII. 19.) the title Consul was introduced in B.C. 449, upon the 
expulsion of the Decemvirs. 

« Cic de R. II 32 de legg. III. 3. 

6 Dionys. X. 17. Liv. 1L 18. 27. HI. 34. 36. 


134 


CONSULES. 


Pompeius., after holding office alone for five months, assumed his father-in-law, 
Q. Caecilius Metellus Pius Scipio, as his colleague. 1 

2. The Kings held office for life, and were irresponsible; the Consuls remained 
in office for the fixed period of one year only, (annuum imperium ,) and when 
they laid down their magistracy, might be brought to trial before the people if 
accused of malversation. It very rarely happened that the same individual was 
Consul for two years consecutively, and when this did happen, it could only take 
place after a fresh election, and no one, when presiding at an election for this or 
any other office, could receive votes for himself. The only exception to the above 
rule is to be found in the case of Cinna and Marius, who, in B.C. 84, continued 
in the Consulship without re-election; but this was an open and avowed 
violation of the constitution (Liv. Epit. LXXX.) 

3- The Lex Valeria , passed in the year of the first Consulate (B.C. 509,) 
by P. Valerius Poplicola, ordained —Ne quis magistratus civem Romanum 
adversus provocationein necaret neve verberaret (Cic. de R. II. 31.) Of this 
and of the other laws De Provocatione , which were the great charters of the 
pei sonal freedom of Roman citizens, we shall speak more fully when we treat of 
the administration of the laws. 


4. The control exercised by the Tribunes of the Plebs, (B.C. 494,) of which 
we shall treat in the next section. 

5. In process of time their influence was still further diminished by the 
institution of several new magistracies, to the holders of which, the Praetors, 

Aediles, Censors, &c. were committed many duties originally intrusted to the 
Consuls. 

But notwithstanding these limitations, the power of the Consuls was at all 
times very great, and the office was always regarded as the highest in the state, 
the great object of ambition to all who aimed at political distinction. 

We must consider their power under two heads—• 

1. As civil magistrates ( potestas .) 

2. As military commanders ( [imperium .) 

M®otestas of the Consuls.—While the Consuls remained in the city they 
were at the head of the government, and all other magistrates, with the excep¬ 
tion of the Tribunes of the Plebs, were subject to their control. They alone could 
summon meetings of the Senate and of the Comitia Centuriata ; they alone could 
preside at such meetings and propose subjects for deliberation to the former, and 
laws for. the approbation of the latter; 2 and they formed the medium of com¬ 
munication between the Senate and foreign powers. Until the establishment of 
the Praetorship and the Censorship, they acted as supreme judges in the civil and 
criminal courts, and superintended the enrolment and classification of the citizens 
In virtue of their office, they possessed the right of summoning any one to appear 
befoie them, ( vocatio ,) and if he delayed or refused, they could order him to be 
brought by force, ( prehensio ,) whether present or absent. In order to execute 
their commands, each was attended by twelve officers, called Lictores , who 
marched in single file before the Consul, the individual nearest to the magistrate 
being termed proximus Victor , and being regarded as occupying a more 
honourable post than the rest. When the office of Consul was first instituted 
each Lictor carried a bundle of rods ( fasces ) with an axe (securis) stuck in the 
midst, to indicate that the Consul possessed the power of scourging and putting 

xkxV.JxL.Soir" LXXXIR CVIL VdleiuS n * »-nys. V. 57. Dion Cass" 
Uo n T°rtU^^ n ‘n tt th?lSl"“oU , o t i ,Pteb * arrogated t0 themselves several of these funo- 


CONSULES. 


135 


to death those who disobeyed his commands. But by the Lex Valeria , (see 
above, p. 134,) it was ordained that the axe should be removed from the Fasces 
of the Consul while in the city, secures de fascibus demi jussit , (Cic. de R. II. 
31,) and when the Consuls appeared in the Comitia, their Lictors were compelled 
to lower their Fasces (fasces submittere ) as an acknowledgment of the 
sovereignty of the people. 

fitnperium of the Consuls.— The vote of the Comitia Centuriata, by which 
the Consuls were elected, conferred upon them civil authority only, ( potestas ,) 
but as soon as they entered upon office, military power also, ( imperium ,) and 
the right ot taking the auspices ( auspicia ) were bestowed by the Comitia 
Curiata. This, under the republic, was, as we have seen, a mere form, but a 
form never dispensed with. (Read what has been said upon this subject when 
treating of the Comitia Curiata, p. 117, see also p. 110.) 

The Consuls were, for several centuries, occupied almost exclusively w'ith 
military operations, and in this capacity they had the supreme command of the 
armies committed to their charge, and of all matters connected with the prose¬ 
cution of war in the field; but they could not make peace or conclude a binding 
treaty without the consent of the Senate and the Comitia, and by the former the 
number of troops to be employed, their pay, clothing, and all other necessary 
supplies were voted (e.g. Liv. XLIV. 16.) In their capacity of generals-in- 
chief, the Consuls were invested with absolute power over their soldiers, and 
could inflict, if they saw fit, even the punishment of death, and hence, when in 
the field, their Lictors bore axes in the Fasces. 

Relation in which the Consuls stood to each other.— We have already 
remarked that the two Consuls were upon a footing of perfect equality, and that 
one might at any time stop the proceedings of the other, or, when appealed to, 
cancel his decisions. But when both Consuls were in the city, it was the invari¬ 
able practice, in order to prevent confusion and collision, that each Consul should 
in turn, usually for the space of a month at a time, assume the principal place 
in the direction of public affairs. That Consul whose turn it was to take the 
lead, was attended in public by his twelve Lictors, who marched before him as 
above described, while his colleague appeared either altogether without Lictors, 
or his Lictors walked behind him, and he was preceded by an ordinary messenger, 
termed Accensus. Hence, the acting Consul is described as the one penes quem 
fasces erant , or cuius fasces erant. 1 The individual who had the Fasces during 
the first month seems to have been termed Maior Consul , and the precedence 
was probably deteimined by seniority in years. 2 

When both Consuls were with the same army the troops were divided between 
them, each taking special charge of one half, and they assumed the supreme 
command upon alternate days, unless one voluntarily yielded to the other. 3 

When any doubt or competition arose with regard to the performance of 
particular duties, the matter was usually settled by lot. 4 More will be said upon 
this point in treating of the provinces. 

Mode of Election.— The Consuls, from the period when the office was 
instituted until the downfall of the republic, were always chosen by the Comitia 
Centuriata, and the assembly convoked for that purpose could be held by no 
magistrate except one of the Consuls, or a Dictator, or an Interrex. The election, 

1 Cic. de R. II. 31. Liv. II. 1. VIII 12. IX. 8. Dionys. V. 2. IX. 43. Suet. Caes. 20. 

2 See on this controverted point Cic. de. R. II. 31. Val Max. IV. i. 1. Plut. Popl. 12. 
Dionys. VI 57. Aul. Gell. II 15. Fest. s.v. Maximum Praetorem, p. 161. 

3 Liv. III. 70. XXII. 27. 41. XXVIII. 9. Polyb. III. 110. VI. 26. 

4 Liv. II. 8. IV. 26. XXIV. 10. 


136 


CONSULES. 


° y C,Vil “*”> generally 
to give full time for ascertaining fW vm 16 . 0n ® u s ent . ere< ^ u P on office, in order 
This, however, was not the case in tbc P ractlces had been resorted to. 

specific time fixed for holding the cleotinn Gai ler a f es ’ and at 110 period was a 
certain space should i„ 2 betw^l "TT ther< i an 7 law squiring that a 
Order from w icl. L Co TuU ' ^ induCti ° n int0 office. 

na % chosen from the Pall^^ origi 

struggle, continued for nearly eighty years" (B C uT JvT. and P ro L tracted 
of which, if we can trust the nanttivAfT-’ 445 TT 3G7 ,) towards the close 
in succession (B.C. 375-371 ) without CmJY’ 16 re P a J1C was for five years 

■oRPir thdr !L«>, r^*HfT ft ^ who 

was passed, (B.C. 367,) which ordained that Jit-'' ’ 31 ‘" gtl the Lex Licinia 
should be a Plebeian. Tl.is ananZuen, 1 ,n . all f becoming one of the Consuls 

but in B.C. 355, the Pair! lZZl ^7 for TV 

Consuls were Patricians : and the comtitiitin™ , g • , 1 ’. 1 111 that y ear both 

six times during the thirteen following years untiHn B C^U? a , sinii | ar man . ner 
at Capua, a law was nassed re-emoifY ’ . n , o4 ^i a fter the meeting 

the addition, that it should be lawful for ITpeonleThp ^h T Z J cinia ’ with 
both Consuls from the Plebs_ Uti licerpt rJ? i ’ lf tllc y thought fit, to choose 

this time forward, after some ineffectual^ reVT “"*? PUM " Creari 

the principle, that one Consul must be a Plebeian wTs follv^ ° f dle , Pat ™ !ans - 
upon. No example, however occurs of Wh r f hdly recognised and acted 

year B.C. 215, when a SsrfTattlm , f beul ff ^beians until the 

on religious grounds, but the practice after thhtime soon bee 881,16 ‘ he eleC r ' 011 
®ay of Induction into Office _TI.p f\JLi became common. 1 

entered upon office on the Ides of September and oifEd t0 ^ ave ’ originally, 
the Consul drove a nail into the temnle „f I,’ ,■ tbl !. da T’ >n ancient times, 

lapse of a year-*™ th '? ”“* ta Sr thi 

notamnumeriannorum fume ferunt (Liv. VII. 3 l)i ITv f? "T 
Consuls, according to a fundamental mii + i . .^ s ‘ v * 1 0 Since the 

year only, this would iTecZnne^tobe 4 .^^ ^ ° ffice for one 
coming had matters proceeded with unvarying regularitV^S o' “ <J - "T 
happened that, in consequence of the resignation of t Tr„„ , °“ as,onall y 
other cause, the office became vacant hpf. V +i 0t 1 e Co suIs ’ or from some 
case two new Consuls were chosen ‘ who held ™ co “ p,eted > ™ which 

their election ; and more frequent^,Tn conselfnS rf S T ^ ^ P ™ od ° f 
to pass that the year of office had i i 1 C1 , vl1 commotions, it came 

In the latter ej, «"*>«■* P'-e. 

exercise any of their functions, the Senate nominal)*?,“nr 00 ? 11(1 110 lon gcr 
magistrate, who, like his prototvne in tbp vpo-oI i (P rodebat ) a temporary 

rex The Interrex held office for five days onlv wile ’ ° ‘ he ‘ itle of Inte ^ 

and a succession of Interresres were si , 7 l! G a successor was chosen : 
was restored, when the Interrex for the f ' ia this manner until tranquillity 

election of Consuls, who immeSelfentoedToo T • a - the Comit!a { <* «>« 
office for a year. I„ this wav be I" , P °" ! leir , dl,t,es - anc! remained in 

have seen, it was the Ides of September—fo inf 403 ^Tl' TrT’ aS we 
-m B.C. 479, the Kalends 

443, the Ides of December—in B C 401 the K»t & d tha Pdes ,o f May—in B.C. 

• • the Ivalends of October—in B.C 391 

10 1 2 4. iV *^,*. Gen 2 *^ I li , b,Y" 7 g?c 4 Br?t. I*^ 5 * XX,n * 31 * XXXlX.32.XXXv! 


COXSULES. 


137 


the Kalends of July—at the commencement of the second Punic war, B.C. 218, 
it was the Ides of March, and this continued to be the day until B.C. 154, when 
it was enacted that, in all time coming, the whole of the ordinary magistrates, 
with the exception of the Tribunes of the Plebs, should enter upon office upon 
the Kalends of January, and that if an Interregnum or any other circumstance 
should prevent them from entering upon office until later in the year, they should, 
notwithstanding, lay down their office on the last day of December, and their 
successors commence their duties on the first of January, just as if there had been 
no interruption. This system commenced with the consulship of Q. Fulvius Nobilior 
and T. Annius Luscus, who entered upon office on the first of January, B.C. 153, 
and henceforward the civil and the political year commenced on the same day. 1 

Ceremonies of Induction.— The day on which the Consuls and other ordinary 
magistrates assumed office was marked by peculiar solemnities. The new Consuls 
usually arose at day-break, took the auspices, and then arrayed themselves in 
the Toga Praetexta before the domestic altar. A solemn procession (processus 
consularis ) was marshalled, headed by the new magistrates in their robes of state, 
attended by the Senate and the dignified priests, and accompanied by a numerous 
throng composed of all classes of citizens. The whole assemblage marched 
in order to the Capitol, where white steers were sacrificed before the great 
national shrine, and prayers and vows offered up for the prosperity of the Roman 
people. A meeting of the Senate was then held, and the new Consuls proceeded to 
make arrangements in the first place for the due performance of public religious rites, 
and then to consider the internal condition of the state and its foreign relations. 2 

Iusignia of the Consuls.— The twelve Lictors, and the Toga Praetexta , a 
cloak with a scarlet border, have already been adverted to; and in addition to 
these outward badges of distinction, the Consuls, upon public occasion, used a 
seat ornamented with ivory, termed Sella Curulis (see above, p. 67.) This was 
somewhat in the form of a modern camp stool, and we can form a correct idea of 
of its form, as well as of the appearance of the Fasces , from the numerous repre¬ 
sentations which occur upon ancient coins and monuments of every description. 



1 Dionys. VI. 49. XI. 63. Liv. III. 6. 36. IV. 37. V. 9 32. VIII 20. XXII. 1. XXX. 39. 
XT TV ll). 

2 Dionys. II. 6. Liv XXI. 63. Dion Cass. LVIIL 5. Ovid. Fast. I. 79. Epp. ex. P. IV. ix. 




















































138 


CONSULES. 


W n i ;"':; , *^' he , V, : !lra r ,,,e In all annals, sacred and civil, as 

determinedSi- F T Y iocuments of every description, the dates were usually 
A U C tw/ T; r'vn e ^ on ^ s P° r the year. Thus, any event belonging to 
oYYfW.Y ' 7 °,V WOuld , be ? xed ^ s3 .™g «iat it took place Pmfpeio et 

to numeral He " Ce Y ?J ras . e numerare multos coniul£s ■« equivalent 

*?”* muUo S _anms; and Martial, (I. xv. 3,) when reminding his friend 
that lie was nearly sixty years old, employs the expression, 

Bis iam pene tibi Consul trigesimus instat. 

The practice continued under the Empire down to a very late period 

the^umberofveTr 37 , the p f iod of a remarkable event by calculating 

,, 4- of T eais wlllch had elapsed from the foundation of the citv- hut in 
all ordinary cases followed the computation by Consuls 7 ’ 

as BC 3 C 4Tn“roMhftir f '"r * ~ A Pm ^m was passed as early 

as 15.C. 842, prohibiting any individual from holding the same office twice within 

mi yeais ne quis eumdem magistraturn intra decern annos caper et (Liv. VII 

Marius who ^,oI«T P - en ^ d durh f a P eriod of S reat ala ™. in favour of 
1 An x ’ V Consul six times m the space of eight years, (B.C 107 _ B C 

00,) was openly violated by Cinna, Carbo, and Sulla, during the disorders of 
£ s r™livLted a with u aying bGen fina11 ^ Set aside when J^ius 

sar was imested with the Consulship and the Dictatorship in peroetuitv 

Ld the Stfe'o7j>hT P Z Pet ^ m ^fttrora.) 2 After ttedea/ ofCtmr 
disnoshio- of th/ S P i P r he to themselves the right of 

estaffisMng an undivided'sway^th^offlce 6 “ me A . ugn ? us 1 suoceeded in 
s uuuivxucu sway, tne office was entirelv m the hands nf +i 10 

ofte^he^t wSfit IT 1 " * he T ? leaSed ’ * 88umed it; in P erson as 

kJT i v 7 thought fit, being guided m this matter by no fixed rule but solelv 

4 en times ’ 

years of his life fB C 99 _a ri ^ ^ ,^ ut during the last thirty-six 

proclaimed himself perpitual Consul; M^pasialr lafconsufeighi rtmesYurin* 

othisTwY" the C r SU,Sh ! P d "4 thet"ttee^ars 

n i rT'j-' 1 .. hut never afterwards (A.D. 120_138 1 

and no “morYtuThe CoZYh^f tbe re P» blic *"> individuals, 

t ! J— “r iHir^ESivH 

rtiYed tforf Tf 7?A he °* ce 3,0 ”g M. Aemilins LepidusXy bo 

DLtri n “Num"™m 'V ete rumol" E« S H "Jf' tom" VIII 11 u 'ffi”™' p "' od . wi “ »<* f°nnd in the 

ssBsssi.ssfflyjr -• ssst 

i Suet vKl. rt. D ‘°” CaSS XLI1 - 20 - XL,tI - «■ 


CONSULES. 


139 


number varying according to the number of persons whom the Emperor felt 
desirous of gratifying. Under ordinary circumstances, two months was the 
period of office, so as to allow of twelve Consuls in each year; in B.C. 69 there 
were fifteen, and under the corrupt administration of Oleander, the chamberlain 
of Commodus, there were no less than twenty-five nominated for A.D. 189. 1 

Those Consuls who entered upon office on the first of January, were termed 
Consules Ordinarily gave their name to the year, and were held in higher 
honour than those who followed, and who were termed Consides Suffecti or 
Consules Minores (g/ niK^ors^ovg vtyoig o^oirovg e7rsxdi'Aovu.') 

It is true that after this system was fully recognised, we find examples of 
persons retaining the consulship for a whole year, as in the case of Germanicus 

A. D. 12, and Cn. Domitius A.D. 32 ; but these were rare exceptions, since even 
the Emperors, who, when they assumed the Consulship, generally took office as 
Consides Ordinarily appear to have been in the habit of resigning within a short 
period, in order to make way for others (Tacit. II. I. 77. Dion Cass. LIII 32.) 

Under the later empire the Consules Suffecti disappear almost entirely ; 2 but 
we find mention made of Consides Honorariiy 3 as distinguished from Consules 
Ordinarii. These honorary Consuls had probably no duties imposed upon them, 
and enjoyed little more than the Ornamenta Consulariay to be described below. 

Consides Designati. —Under the republic a Consul was never elected except 
for the year immediately following the election, and during the months or days 
which elapsed between his election and his induction, was styled Consul Desig¬ 
nate. But in B.C. 39, Consuls were nominated by the Triumvirs for eight years 
prospectively. 4 Of these, the year B.C. 34, together with B.C. 31, were assigned 
to Antonius. Hence, from the year B.C. 44, in which he was for the first time 
Consul, until B.C. 39, he is styled on medals simply Cos., from B.C. 39 to 

B. C. 34, Cos Desig. Iter, et Tert., from B.C. 34, Cos. II. Des. III. until 
B.C. 31, when he appears as Cos. III. Octavianus, who, in B.C. 39, was in 
like manner nominated Consul for B.C 33 and B.C. 31, passed through the 
same variety of titles. 

Augustus, in B.C. 6, named his grandson, Caius, at that time fourteen years 
old, Consul Designatus; but with the proviso, that he was not to enter upon 
office until five years had elapsed, and accordingly, he actually held the Consul¬ 
ship in A.D. 1. His brother Lucius was, in B.C. 2, named Consul Designatus 
upon the same terms ; but he died before the five years were completed. In like 
manner, Nero, when fourteen years old, became Consul DesignatuSy although it 
was arranged that he was not to enter upon office until he had attained the age 
of twenty; and Vitellius, when he assumed the Imperial dignity— Comitia in 
decern annos ordinavity seque perpetuum Consulem (Suet. Yitell. 11.) 

Ornamenta Consularia. —We are told by Suetonius (Caes. 76) that Julius 
Caesar— decern praetoriis viris Consularia Ornamenta tribuit —by which we 
must understand that he bestowed the title and outward badges of the Consulship 
upon ten persons who did not hold, and who never had held, the office of Consul. 
This statement is fully corroborated by Dion Cassius, (XLIII. 47,) who mentions 
in another place (XLYI. 41) that the Senate, at the death of Hirtius and Pansa, 
being unwilling to elevate Octavius to the Consulship, in consequence of his 
extreme youth, endeavoured to get rid of his claims by bestowing upon him 

1 Cic. ad Fam. VII. 30. Macrob. S. II. 3. Dion Cass. XLIII. 46. XLVIII. 35. LXXII. 12. 

2 Symmachus, however, (fl. A.D. 370,) speaks of a Consul suffectus, Epp. VI. 40. 

3 Justinian. Cod. X. xxxi. 66. Nov. LXXXI. 1. . 

4 Appian (B C. V. 73.) says for four years, Dion Cassius, (XLVIII. 35,) who is borne out 
by ancient monuments, says for eight. 


140 


CONSULES. 


onsular Honours (rciig de dvj r/px/g ricig vxxriKxtg i xou/hyiitoci/.)* From 
this time forward numerous examples occur of persons being invested with what 
may be termed a Titular Consulship , the expression usually employed to desig¬ 
nate this mark ot favour being Ornamenta Consularia s. Insignia Consularia. 2 
1 ie practice was extended to other offices of state, since we read, not only of 
0/ namenta Consularia , but also of Ornamenta Praetoria , of Ornamenta 
edilitia , and of Ornamenta Quaestoria. The phrase Ornamenta Tribunitia 
oes not occur, perhaps because the Tribunes of the Plebs had no external symbols 
o rank, but we find the emperors bestowing Dignitates Tribunitias , which 
comes to the same thing (Capitolin. M. Aur. 10.4 

. Doioer and Dignity of the Consuls under the Empire. —The Consuls, except 
in so far as they were the organs of the Imperial will, were mere cyphers in the 
state; and, in fact, the short period during which they held office must in itself have 
prevented them from possessing any weight. They were, however, allowed to 
piesue m the Comitia and at meetings of the Senate, retaining all the ancient 
oi ms, they occasionally administered justice in civil suits, and from the reign 
o Claudius to that of M. Aurelius, they exercised special jurisdiction in cases 
re a mg to minors. . But although shorn of all real power, the Consulship down 
o tie \eiy extinction of the western empire, was nominally the most exalted 
ant most lonouiable of all dignities— Consulatus praeponendus est omnibus 
jas igas igndatum Divinum praemium consulatus—Summum bonum prim- 
umque in mundo decus—are the phrases employed by writers of the fourth, fifth, 
an sixt centimes ; and there can be no doubt that the office was invested, 
especia y cuiing the period just mentioned, with a greater amount of external 
pomp anc sp endoui than in the days of freedom. The Consuls, when inducted 
moo ce, (solenmtas consularis—processus consularisO appeared in a dress, 
wnc was a goigeous imitation of that worn by generals of old when celebrating 
a triumph. J hey were arrayed in the ample folds of a richly embroidered cloak, 
{loga pictaf beneath winch was a tunic striped with purple (Trabea) or 
^# Ur ^ 7A th ;P a m leav f ( Tunica palmata.) On their feet were shoes of cloth 
, d ( C f ca aurati.) Iii their hand they bore a sceptre (Scipio) surmounted 

G i them marched their Lictors with Fasces and Secures 

wieathed in laurel (.Fasces laureatae .) Their Sella Curulis was placed in a 
o iy chat lot, and from this seat they scattered handfuls of money upon the 
, 6 ^: P resented their fronds with ivory diptychs, (.Pugillaria 

’ 81 V6r argentei ,) and other trinkets, bearing inscrip- 

I l n commemorative of the auspicious day, which was closed by the exhibition of 
. If w e can believe Procopius, an individual called upon to fill 
exnpnil q ° ° n Z] at , t ie tll J 16 wBen i ie wrote ? (A.D. 560,) was compelled to 
display « SUm htt e Sh ° rt 0f oue hundred thousand pounds upon this vain 

who is our authorityf (X^X^VI^Taithou^h'h^f 1 * th '®J' e P u ' b lic» ( B -C. 67,) butJOion Cassius, 
no details ’ 5/ ^ lough he uses the words rif^eaf um^rixoiis enters into 

the grandson of^Hw^the Gre^ e thp eS c° We< ^ e J- e ^° n fore ^ ners > as . b y Claudius on Agrippa. 
Ornamenta from Caligula. ‘ ’ same individual having previously received Praeiona 

T acU a Ann A x n in V 4. * Aul G^Xin. 24 Dion CmJlxIX M ‘ AuPel 10 ' Cora P- 

^^4 Cass,odor. Var. VL !. Lyd. de Mag. II. 8. Cod. TheSiVL vi. 1 . IX. xl. 17. lornandes 

Olybr° P 230: ^Vl C1 “f II. pr0 l. 7 . Prob. et 

Nov. CV. Auth. Const. XXXIV On the 1 iheraiitk^. H lf t arc ' 26 Comp. Iustiniau. 

to a poor Consul, see a curious passage d man,f ' iSted •» «>• 


TRIBUNI PLEBIS. 


111 


TRIBUNI PLEBIS. 

lOriijits of iIbc Office.—We have already had occasion to point out that the 
constitution of Servius Tullius bestowed political existence upon the Plebs, and 
the object of that great legislator was, we can scarcely doubt, to abolish ulti¬ 
mately all exclusive privileges. His untimely death, however, prevented him from 
carrying out his design; and under the cruel sway of his successor, all orders in 
the state were alike oppressed. After the expulsion of the second Tarquin, the 
Patricians strained every nerve, and for a time with success, to regain the 
position which they had occupied under the earlier kings, arrogating to them¬ 
selves the control of public affairs and the possession of all the great offices of the 
state, which, at this time, although nominally a republic, was in reality an 
oligarchy in its worst form. At length, however, the tyranny, insolence, and 
cruelty of the dominant class became so intolerable, that the Plebs were roused to 
vigorous resistance, and in B.C. 494, sixteen years after the expulsion of the 
Tarquins, they quitted the city in a body and retired ( secessit ) to an eminence 
beyond the Anio, which from that time forward bore the name of Mons Sacer. 
The Patricians, now thoroughly alarmed, immediately opened negotiations with 
the leaders of the movement, concord was restored, and the Plebs agreed to 
return upon the following conditions :— 

1 . That magistrates should be elected annually, under the name of Tribuni 
Plebis , whose sole duty should be to watch over and protect the interests of the 
Plebeian order and the persons of its members, and that they should be armed 
with powers sufficient to secure these objects. 

2. That these magistrates should be chosen exclusively from the Plebs. 

3. That the persons of these magistrates should be hallowed, (sacrosancti,) so 

that if any one offered personal violence to a Tribune, or impeded him in the 
performance of his duty, he should, ipso facto, become sacer , i.e. devoted to the 
infernal gods, and that, as such, he might be put to death with impunity and his 
property confiscated to Ceres. Hence, the magistracy was termed Sacrosancta 
Potestas, (iepx x.al oiav'hog and the laws which conferred these privileges 

Leges Sacratae . 1 

4. That the Tribuni Plebis should have the right to interfere, {intercederei) 
so as to stop any procedure which might appear to be detrimental to the Plebs as 
a body, or to any member of the order. 

Number of Tribunes*_Every thing connected with the history of the early 

years of the Tribunate is involved in deep obscurity, and the statements of the 
historians present irreconcilable discrepancies. It would appear that at first two 
only were chosen, then five, and finally, in the year B.C. 457, ten, which continued 
to be the number ever afterwards. 2 The ten Tribunes were regarded as forming 
a corporation, and as such, were styled collectively Collegium Tribunorum 
Plebis. 

1 TI©«EC of ElccJiou.—We are told expressly by Cicero and Dionysius that the 
Tribunes were originally chosen by the Comitia Curiata; but that in B.C. 473, 
Publilius Volero, one of the Tribunes, proposed a law— Ut. Plebeii magistrate 
Tributis Comitm fierent— which, although violently resisted, was carried in the 
following year, (B.C. 472,) and that, from that time forward, the Tribunes were 
always chosen by the Comitia Tributa, one of the Tribunes already in office being 


1 On the Sacrosancta Potestas see Dionys. VI. 89 Liv. Ill 55. Cic. pro Balb. 14. Dion 
Ones T.III 17. Fest s.vv. Sacrosanrtum, Sacratae , Sacer , p. 318 

2 The chief authorities are, Liv. II. 33. 44. 58 HI. 30. IV. 16. VI. 35 38. Cic. de R. II. 34. 
pro Cornel, and note of Ascon. Diony3. VI. 89. IX. ‘2. 41. 


142 


TItIBUNI PLEBIS. 


selected by lot to preside. J During the sway of the Decemvirs, the functions of 
ail the rndmary magistrates were suspended; but on the downfal of ADDius 
Tribunes. ea ^ ues ’ ^ Ma.xi.nus ’presided at the Xlofofe 

In the earlier years of the Tribunate it was considered lawful for the nresid.W 
mag.s rate to call upon the electors to choose a certain number of Tr bune les? 

diS n reti ° n ’ a " tl P-n.U thos 

made up When n ^ ° Wn collea ^ es ’ ™til the entire number was 

naoe up. W hen vacant places m any corporation were supplied in this manner 

3. In the earlier ages the same individual was frequently elected Tribune f„- 
two or more vears in sneopsisinn 6 +i • • * L1 L '•'^Leu niDune tor 

chum of B C 342 wTh enactedite ™? St0pped * the **»- 

* =i 

boring been suspended or 

although the Tribunes in office could under no nretevt 1 I eceil ivirs,) anil 

• 2 * 5 ? r - 

(auxilium) to a member of thp Pleb« wUn o (pmed to afford assistance 

—, Ltr^htf F p — 

measure which they deemed iniurions to thp - a ° n - Ce P utt . m £ a sto P to any 

- - *“*■ 

1 Clin nrn _. . 


i St fa ?r n Si.T?°’ e ' 

3 Liv. II. 3a III. 64. 65. Y io 

4 Dion Cass. LIII. 27 . 

6 Liv’ TT I M\r < r 0 M P - Suet Octav. IO- 

-*-1 do. III. 14. 21. 24. 29 Vf vs ye 

lT- r ’ ?T?* IX J 2 Dion ys. VI 89 ' 

8 I* 1V - HI. oa. Cic. de legg. III. 3 . 


Liv. III. 64. 


TRIBUNI PLEBIS. 


143 


solemn word Veto. 1 In order that they might always be at hand in case of 
need, a Tribune was, under no pretext, allowed to be absent from the city for 
twenty-four hours, except during the celebration of the Feriae Latinae, and he 
was bound to allow the doors of his house to remain open day and night, that 
he might be at all times accessible. Finally, in order to protect their persons 
from violence, they were declared Sacrosancti (see above, p. 141.) 

Within a very brief period it was discovered that these protective powers might 
be made efficient as weapons of offence in a manner not originally contemplated. 
The Tribunes were themselves the sole judges of what was to be regarded as 
injurious to the Plebs, and consequently, when they desired to carry any measure 
on behalf of their order, or to extort any extension of power for themselves, in 
opposition to the Patricians, they had the means of producing the greatest 
embarrassment and danger until their demands were complied with. Thus, they 
frequently prevented the election of the ordinary magistrates—they refused to 
allow troops to be levied or supplies voted in pressing emergencies—they suspended 
all business in the Senate, and, in fact, brought the whole machine of the state 
to a dead stop. By pursuing these tactics they succeeded, after many hard 
fought battles, in destroying, one after another, all the bulwarks of Patrician 
exclusiveness, in procuring the complete emancipation of the Plebs from all 
political disabilities, and their full and free admission to all the honours of the 
state. So far their efforts, although not always moderate and judicious, were, in 
so far as the end in view was concerned, in the highest degree praiseworthy; and 
after complete concord was established between the orders, the Tribunes appear, 
for a series of years, to have generally exerted their influence with most patriotic 
singleness of purpose. But towards the close of the republic, they became the 
tools of the violent leaders of conflicting parties; they factiously abused their 
power for the promotion of the most unprincipled and ruinous schemes, and were 
the foremost instigators of those scenes of riot and bloodshed which cast such 
a gloom over the last struggles of the constitution, and which terminated in the 
utter extinction of freedom. Hence, it is not wonderful that those who viewed 
the Tribunician power under the aspect which it presented in those evils days, 
should have characterised it as— Postestas pestifera , in seditione , et ad sedi- 
tionem nata 1 2 

A Tribune had no right to summon a citizen to appear before him ; that is, he 
did not possess the Ius Vocationis: but he had the his Prehensionis; that is, 
he could order any one, who, in his presence, was violating the rights of the 
Plebs, to be taken into custody, and for this purpose each tribune was attended 
by an officer, termed Viator. This Tus Prehensionis was sometimes stretched 
so far that there are examples of a Tribune giving orders for the arrest even of 
Consuls and Censors, and commanding them to be led off to prison. 3 

Relation of the Tribunes to the Senate. —The Tribunes Originally had no 
right to enter the Senate-house; but they were wont to sit upon benches 
( subsellia ) at the doors, in order that they might be able to watch the proceed¬ 
ings, and, if they thought fit, put a negative on any proposed decree. By the 
Plehiscitum Atinium , however, they became, ex officio, members of the Senate. 
The date of this ordinance is unknown; but as early as B.C. 456 they assumed 


1 Liv. VI. 35. 

2 Cie. de leg?. III. 8. where he makes his brother Quintus the organ of the sentiments 
entertained by those who were hostile to the Tribunician power. 

3 Liv. II. 56. IV. 26. Epit. XL VIII. LV. Cic. in Vatin. 9. ad Att. II. 1. de leg. agr. II. 37. 
de legg. III. 6. Val. Max. IX. v. 2. 


144 


TKIBUNI PLEBIS. 


the right of summoning meetings of the Senate, and we find one of their body 
speaking m the Senate eleven years later (B.C. 445.) 1 J 

Relation of the Tribunes So Public Meetings ami Comitia_ From the 

commencement the Tribunes had the right of calling public meetings ( condones ) 
ot the Blebs; and m the year after the institution of the office, (B.C 493 ) the 
; vas P assed ordaining that no Condo, summoned by a Tribune, could 
be disturbed or called away ( avocan ) by any Patrician magistrate. This law 
remained m force at all periods, for although we are told by Messala. as quoted 
by Aulus Gellms— Consul ab omnibus magistrates et comitiatum et concionem 
avocare potest— it is clear, from various examples, that this rule did not extend 
to meetings at which Tribunes of the Plebs presided. 2 

Comitia Tributa were established, it was one of the peculiar duties 
ot the Tribunes to summon these assemblies, to preside, and to propose laws, 
(ager e cum populo ,) and such laws were hence frequently termed Leges 

tothTXus* f a S T-i ggleS Whi ° h agi , tated the state after the secession 

the Mons Sacer, we find Tribunes on several occasions impeaching Patricians 

and bringing them to trial before the Comitia Tributa, even whence We 

involved a Poena Capitalist 2 the pretext alleged being always, apparentlf 

some violation of the Leges Sacratae. But after the legislation^ the Decem- 

vus, it would appear that all trials which involved the life or privileges of a 

iornaii citizen could be held before the Comitia Centuriata only, and the Tribunes 

“ the “ Tribnta than the 

exc,usive,y cM - 

2. It was confined to the city and to a circuit of one mile outside the walls 
Beyond this the Inbunes were subject to the consular power as if Privati 4 It 
would seem, from two passages in Livy, that the Senate could invest them with 
extraordinary powers,. extending even to foreign countries; but such cases must 
be regaided as exceptions, depending entirely upon a special decree. 5 

3 The most important limitation to their power resulted from the relation in 
which they stood towards each other. When a Tribune was appealed to and 

couldnot be framed 17 J wh ° Sm % ht his ai £ his auxilium 

could not be gianted until the whole collegium had been consulted and had passed 

an JT lm0US res “ u f ,0n ’ ( decretum <) granting the assistance sought, wh ch 
resolution was publicly announced on the part of the college, (pro collec io Tex 

collegu sententm pronmtmrej by one of its members." IfVhe Tribune were 
not unanimous the appeal was not allowed. On the same principle T sinnle 
Tribune might put his Veto upon any law proposed in the Condtia or any 

Ssa™" ‘ ° ‘ eSenate ’ altll0Ugh s « d originated by allTis 

Hence the Patricians were enabled on many occasions to baffle the efforts of a 
majority of the Tribunes, and altogether to neutralize their influence by glffly 

over one or more members of the College and persuading them to put a negativ? 
upon the measures promoted by the rest. 1 negative 


LiV ,V '• V.1 Max H. ii. 7 

4 Llr. IX. 36. XXIX. SO. PPC ' 11 JL u io.i Cass. LI. ID. 


TRIBUNI PLEBIS. 


145 


4. The temporary check placed upon the Tribunes by the nomination of a 
Dictator will be explained in the next section. 

5. The power ot the Tribunes was, for a time, greatly reduced by a Lex 
Cornelia of Sulla, which deprived them of all that they had acquired or 
usurped during four centuries, leaving them nothing but the Ius Intercessionis, 
with which they had been originally invested. 1 But this, like most of the changes 
introduced by Sulla, was disregarded after his death; and the Tribunes were 
formally reinstated in all their former rights and privileges by Cn. Pompeius 
when Consul for the first time, B.C. 70. 

laisignin of »lie Tribunes. —Although the Tribunes wielded so much real 
power, they had scarcely any external symbols of dignity. They wore no Toga 
Praetexta nor other official dress, they had not the right of the Sella Curulis , 
but sat on benches or stools, called Subsellia , and they had no Lictors; but, as 
remarked above, each was attended by a single Viator. 

Tribunes of the IPlebs under the Kin pi re.—At 110 period of Roman 
history were the Tribunes more active or more corrupt than during the last 
struggles of the free constitution. It was an alleged infringement of their prero¬ 
gative by the Senate which furnished Caesar with a plausible pretext for crossing 
the Rubicon and marching upon the city. But from that moment the office 
became little better than an empty name. The unfettered exercise of power such 
as they had wielded for four centuries and a-half, was altogether incompatible 
with the dominion held by Julius, by the Triumvirs, and eventually by Augustus 
and his successors. During the first century, however, they still retained some 
outward show of their ancient authority. They still summoned and presided at 
meetings of the Senate; they were still appealed to for their auxilium , and still 
exerted, or threatened to exert, their right of intercession; but they prudently 
ascertained beforehand whether such a course would be pleasing to the Emperor, 
or, if they for a moment forgot their position, and showed an inclination to act 
independently, they were quickly checked and humbled. 2 The office was intro¬ 
duced at Constantinople by Constantine, and was in existence in the west during 
the fifth century. 

The Tribunes, under the empire, were generally selected by the Senate, with 
the concurrence of the prince, from persons who had held the office of Quaestor. 3 
Augustus intrusted to them, along with the Praetors and Aediles, the general 
superintendence of the fourteen regions into which he portioned out the city, and 
this charge they seem to have retained as late as the reign of Alexander 
Severus, by whom new arrangements were introduced. They appear also to 
have exercised, for a brief period, extensive jurisdiction in civil suits; but this 
was much curtailed by Nero. 4 

The office presented so few attractions, that even under Augustus it was 
difficult to find candidates, and a law was found necessary, ordaining that the 
Tribunes of the Plebs should be chosen by lot out of those who had served as 
Quaestors, and had not yet attained to the age of forty. 3 Pliny endeavours to 
represent the Tribuneship as still worthy of being regarded as a high and sacred 
dignity; but it is evident that by his contemporaries in general it was looked 
upon as a mere title, implying no honour— inanem umbram et sine honore nomen 
(Epp. I. 23.) 

1 O'tVGS 15 Q J ^ _ 

2 Dion’Cass. Lt 47. LVII. 15. LIX. 24. LX. 1G. 28. LXXVIIT 37. Suet. Cues. 79. Tib. 23. 
Tacit Ann I 13. VI. 12. 47 XIII. 28. XVI. 26. Hist. II. 91. IV. 9. 

2 Suet. Octav. 10. 40. Dion Cass. LIV. 6. 30. 

4 Dion Cass LV. 8. Larnprid. Alex S v. 33 Tacit. Ann XIII. 28. 

5 Suet. Octav. 10 40. Dion Cass LfV 26. 30 

l 


146 


DICTATOE. 


DICTATOR. 

„ .? ri f *" “ f 11,0 Soon after the establishment of the republic it became 

evident that emergencies might arise in which a divided authority, such as that 
exei cised by the Consuls, restricted, moreover, by the right of appeal to the people, 

Zi Id P ff V ! mSUffi K ient *° f oteC ‘ the state - A ““-<lingIy, when a powerftl and 
the Ilf !• was ab t ou ‘ t0 b ? made > by a large number of the Latin states, for 
oration of the Tarquins, a suspicion having arisen that the Consuls for 
the year were friend y to the cause of the exiles, it was proposed that it should 
e lawful, as a last resort in times of great difficulty and danger, (ultimum 
auxdium-tn rebus trepid « ultimum consilium ,) to appoint a single magistrate, 
who should possess, for a limited period, absolute power, without appeal, over 
all members of the community, and a law to that effect {Lex de Dictators 
creando) received the sanction of the Comitia. The name given to this new 
magistrate was originally Magister Populi; but subsequently he was styled 

vfl en LiZ wrote iea f y f? mll ™. t0 the Lat!n state - Considerable doubt existed 
J,,'- J 10t<! fl f precise year in which the office was instituted, and 

as to the individual first nominated; but the accounts which he deemed most 

named°i 1 B C 501 ^ T “" S La / oins ™ s the flrs t Dictator, and that he was 

named in L.G. 501, nine years after the expulsion of the Tarquins and eio-ht 
years before the establishment of Tribum Plebis. 1 1 , a ei b fit 

Mode Of Election.—A Dictator was named’ by one of the Consuls, in pur- 

technics 0 nhnsZahhii ‘ 1° Se " ate ' H< i nce DICERE Dictatorem is the strict 
einnloved * The r* gf rc ’ nommre ™ d fyere are also occasionally 
A "- ’ p + i e ^ 011sul coultl not name a Dictator unless armed with the 
authority of the Senate, nor could he, if required to name a Dictator refuse to 

reZLTded a nS ^ °V ^ altho ^ h Sen^qtitly 

Generally adontcdth U ai individual, and although this recommendation was 
b enei ally adopted, they could not limit the choice of the Consul, who by no means 
mnformJy attended to their wishes. * In one remarkable case wl find Die 
Comma Tnbuta at the request of the Senate, fixing upon the individual who 
was to be named Dictator by the Consul (Liv. XXVII. 5.) No magistrate 
except a Consul, or one who occupied the position of a Consul, such as a Tribum,l 

the ncZIT' dar ;P° tes i ate > ( se8 P- 152,) could name a Dictator; and hence 
the nomination of Sulla by an Interrex, and of Julius Csesar bv a Praetor 

must be regarded as direct violations of the constitution. 3 The" nomination’ 
under ordinary circumstances, took place at Rome, and we find exan Xs wW ? 
Consuls were summoned from a distance for the purposebut^ in ca l If 
necessity a Dictator might be named in the camp, prov ded it was not bevond 

itself, named whom he though lf "° Unfavourab!e omc “ Panted 


Varro L.L. y 8 §82.’ VL §m' fp M-lcrob’ S ’S 4 ° V 11 * 32 ' d< V, legg ' IIL 3 - Dionys. V. 70 
A Liv. iv. 17. 21. 23. 26.46. 57.' VI 2. V n w S ,T* lex ' P- 

X ^nv 57 TV X -T n, n-' Cic - de - iegg- IIL 3. ' ‘ 5 - I7> Ix - 7 - *9- 38. X. 11. Epit. XIX. 

XLI. 36. ’ 1C ‘ de leg ' agr - ln ‘ 2 - adAtt. IX. 15. Caes. B.C. II. 21. Dion Cass 

^4 Liv. IV. 21. 26. VII. 19 . 21. VIII. 12. 23. IX, 38. X. 40. XXIII. 22, XXVII. 5. Dionv*. 


dictator'. 


147 


Quniificntions.—-The original law, de Dictatore creando, enjoined that no 
one should be named Dictator unless he had held the office of Consul, ( consular is ,) 
but this rule seems to have been dispensed with at an early period, since A. 
Postumius Tubertus was Dictator in B.C. 484, although he had not previously 
been Consul; but the exceptions were certainly rare. 1 2 The Dictator was chosen 
ongmally fiom the Patricians exclusively; but after the Plebs succeeded in gaining 
adunssion to the Consulate, the Dictatorship ( Dictatura ) also was thrown open, 
ihe first Plebeian Dictator was C. Marcius Rutilus, named B.C. 356, ten years 
after the Consulship of L. Sextius. 

Objects for which a iHctatoir was iVamctS.— We have stated above that 
the object originally contemplated in naming a Dictator was to avert some 
uaiigei of a character so threatening that the ordinary resources of the constitu¬ 
tion weie deemed insufficent— Imperio , quo priores ad vindicandam maximis 
periculis rempublicam usi fuerant—Quando duellum gravius discordiaeve 
avium.' escunt . . . Populi Magister esto. 2 Dangers of this description might 
arise either from external enemies or from intestine discord, and hence a Dictator 
^as geneially named either for the prosecution of a war ( rei gerundae causa ) 
oi for the suppression of a popular tumult ( seditionis sedandae causa.) But in 
process of time it was found convenient to appoint a Dictator for the performance 
ot less important, but indispensable duties, when the functionaries on whom they 
properly devolved were prevented by some unforeseen event from discharging 
them. Thus, a Dictator was frequently appointed to preside at the annual 
elections, ( comitiorum habendorum causa ,) when, in consequence of death, 
sickness, or the demands of military service, it was impossible for either of the 
Consuls to be present in the city. In like manner, a Dictator was sometimes 
appointed for the purpose of making arrangements with regard to the Feriae 
Latinae ( Feriarum constituendarum causa ) and the celebration of solemn 
games; ( ludorum fciciendorum causa ;) for presiding at trials of an unusual 
character; ( quaestionibus exercendis ;) for fixing the nail in the temple of Jupiter 
Capitolinus, which marked the succession of years ; ( clavi Jigendi causa ;) on 
one occasion for supplying vacancies in the Senate; ( senatui legendo;) on another 
for recalling a Consul, who had overstepped his duty by quitting his province. 3 
It must be obsei ved also, that in the earlier ages, the Senate and the Patricians 
had often recourse to the nomination of a Dictator when no real danger threatened 
the state, in order that they might frustrate the schemes of the Tribunes, or 
accomplish some other party purpose. Hence some historians, reasoning apparently 
from these abuses, ascribe the origin of the office to a desire on the part of the 
Patricians to coerce the Plebs, who, overwhelmed with debt and crushed by 
oppression, had become indifferent to the dangers which were threatening the 
community at large, and were refusing to serve as soldiers. 4 

Exieaat of a iMcsasor’s p»wei’.—As soon as a Dictator was named he was 
invested with Imperium by the Comitia Curiata, 5 (see above, p. 117,) and 
forthwith all the independent powers of the ordinary magistrates were suspended; 
they did not resign their offices nor cease to perform their duties, but so long as 
the Dictator remained in office they were in all respects subject to his control, 
resuming their former position when he retired. The Dictator was, for the time 


1 Liv. IV. 24. so also in B.C. 352, C. Iulius lulus. 

2 Velleius II. 28. Cic. de legg. III. 3. 

3 Examples of the above will be found in Liv. VII. 28. XXVII 33. I V 25 Vir 3 VIII 

18. IX. 28. XXIII. 22. XXX. 24. ' V 1 ’ ^ 1 

4 Dionys V. 63—72. Zonaras, VII. 13. 

6 Liv. IX. 38. 39. 


148 


DICTATOR. 


being, supreme; lie was a temporary despot, armed with full power to adopt 
what measures lie thought expedient, without consulting the Senate, and to 
dispose of the lives and fortunes of the citizens without appeal (sine provoca¬ 
tions .) 1 Even the auxilium of the Tribunes was powerless against the might of 
the Dictator; 2 and the few cases upon record in which the former were called 
upon to interfere were those in which a Dictator, when appointed for a special 
purpose, was endeavouring to pass beyond the limits of his commission. 3 Finally, 
a Dictator was irresponsible, and he could not be called to account for his acts 
after he had laid down his office. 

We might infer from a passage in Festus 4 that there was an appeal from the 
Dictator to the people, and we know that the Lex Valeria Horatia (Liv. III. 
55) enacted— Nequis ullum magistratum sine provocations crearet; but no 
reliance can be reposed in this place on the text of Festus, and the Lex Valeria 
must be understood to have applied to ordinary magistrates only. We find no 
example in history of an appeal from the commands of a Dictator having been 
prosecuted with success, and only one instance of such an appeal having been 
threatened (Liv. VIII. 33.) ° 

The very nature of the office rendered it impossible that there should be more 
than one Dictator at the same time. The only apparent exception is to be found 
in the case of M. Fabius Buteo, who was named Dictator in B.C. 216, for the 
special purpose of filling up vacancies in the Senate, M. Junius Pera having been 
previously namec 1 rei gerundae causa. The procedure was, however, at this 
time regarded as altogether irregular and anomalous, and to be justified onlv on 
the plea of necessity (Liv. XXIII. 22. 23.) 

limitations to the Power ©f a IMctator.—1. A Dictator was named for 
six months only, (semestre imperium ,) and there is no example of any one having 
ever attempted to retain the office beyond that period. 5 On the contrary, a 
Dictator seldom retained the office even for six months, except when named rei 
gerundae causa , and even in that case, if he succeeded in bringing the struggle 
to a speedy termination, he resigned in a few weeks or days. But when chosen 
for any of the special purposes enumerated above, he was expected, as a matter of 
course, to resign (abdicare se dictatura ) as soon as the duty was discharged. 
Indeed, as indicated above, if a Dictator, when appointed for a special purpose, 
endeavoured to exert his power in reference to other matters, he might be success¬ 
fully resisted. 6 

The perpetual Dictatorships of Sulla and of Caesar were open violations of the 
constitution, resulting from the disorders of civil war. 

2. It must be understood that, although a Dictator could enforce absolute 
obedience to his orders, and although these orders could not be disputed, in any 
matter connected with military operations, when he was named rei gerundae 
causa, yet, when called upon to perform an ordinary constitutional act, he was 
bound to perform that act according to the established principles and laws of the 
constitution. Thus, a Dictator, when presiding at the annual elections, was 
obliged to observe all the ordinary forms connected with the Comitia , and to 
take the votes in the manner prescribed by law; and hence, when T. Manlius 


Poly L b V ilL 87 8 ' 29 ' 3 °‘ IH ‘ 2 °‘ IV ’ 13 ' XXIL ”• XXIIL 3 °- Ci °- de leg S’ 111 3 - Dionys.V.70. 

^ Polybius i c. makes an exception with regard to the Tribunes, but they also annear to 
have been unable to resist. See Liv VI 16 J «ppear to 

3 Liv. V1L 3. 21. IX. ‘26. 

4 s v. Optima Lrx, p 198. 

0 Liv. Ill -2.9. IX. 34 XXIll 23 Cic de le<rg. III. 3. 
t Liv. III. 29. IV. 46. VI. 29. VII. 3. IX. 26. 31. XXIIL 23. 


DICTATOR—PllODlCTATOR. 


149 


(Liv. \ II. 21) attempted to neglect the Lex Licinia, in holding the Consular 
Comitia, lie was resisted, and failed to effect his purpose. 

3. We are told by a late writer, whose statement is, however, to a certain 
extent corroborated by Livy, that a Dictator could not expend the public money 
without permission from the Senate. 1 

4. It seems to have been a recognised principle that no one should be allowed 
to exercise, beyond the limits of Italy, the extraordinary powers bestowed upon 
a Dictator. 1 his rule was violated upon one occasion only, when, during the 
first Punic war, Atilius Calatinus commanded an army in Sicily (ICC. 249 ) 2 

Abolition of the Office—From the year B.C. 249 until B.C. 217, no 
Dictator was named rei gerundae causa; the office, in a great measure, fell into 
desuetude and was almost forgotten. 3 But, in consequence of the terror caused 
by the successes of Hannibal, Q. Fabius Maximus, in B.C. 217, and M. Junius 
I’era, in B.C. 216, were named rei gerundae causa, while others were named, up 
to B.C. 202, comitiorum causa ; the last of these being C. Servilius Geminus. 
AVith the termination of the second Punic war the office of Dictator may be said 
to have become extinct; for we cannot regard the perpetual Dictatorships of Sulla 
and of Caesar as revivals of the constitutional magistracy. Upon the death of the 
latter, the name and office of Dictator were formally abolished by law. 4 

2 >ecrcinm uitiusum —After the office of Dictator had fallen into disuse, the 
Senate, in seasons of great peril, recurred to an ancient usage, 5 and armed the 
Consuls with extraordinary powers by passing a resolution, which is termed by 
Caesar Decretum extremum atque ultimum , couched in these terms— Vide ant 
(s. Dent operam) Consules ne quid detrementi respublica capiat, the 
nature, object and effects of which are briefly, but distinctly, described by Sallust 
(Cat. 29)—Itaque, quod plerumque in atroci negotio solet, Senatus decrevit, 
darent operum Consules, ne quid respublica detriment caperet. Ea potestas 
per Senatum, more Romano, magistratui maxima permittitur, exercitum 
pcirare, helium gerere, coercere omnibus modis socios atque elves, domi mili- 
tiaeque imperium atque iudicium summum bahere; aliter sine populi iussu 
nulli earum rerum consult ius est. 

fiusigma of fibe Dictator.—Since the Dictator represented, in his single 
person, both Consuls, he appeared in public with twenty-four Lictors, who 
marched before him with Fasces, to which the Secures, emblematic of his 
absolute power, were attached even within the city. 6 We cannot doubt that he 
wore the Toga Praetexta and used the Sella Curulis, although we do not find 
these specially mentioned as badges of his office. 

prodictator. 

On one single occasion of great embarrassment and alarm, immediately after 
the battle of the Lacus Thrasymenus, when one of the Consuls was dead, and it 
was difficult, if not impossible, to reach the other, by whom alone a Dictator 
could be named, the people elected ( creavit ) Q. Fabius Maximus Prodictator, 
in which capacity he exercised all the powers of an ordinary Dictator (Liv. 
XXIL 8.) 

1 Zonaras VII. 13. Liv XXII. 23. 

2 Liv. Epit. XIX. Dion Cass. XXXVI. 17. 

3 Liv. XXIL 8. 11. 

4 Cic. Philipp. I. 1. Liv. Epit. CXVI. Dion Cass. XLIV. 51. LIV. 1. 

5 See also Cic. Cat. I. 2. pro Mil on. 26. pro Rabir. perd. reo. 7. Sallust, fragra. H. Lib. I. 
Caes. B.C. I. 5. Dion Cass. XXXVII. 31. 

<5 Polyb. III. 87. Dionys. V. 75. X. 24. Plut. Fab. 24. Liv. II 18. There must be some 
mistake in the statement found in Liv. Epit. LXXXIX. that Sulla was the first who ever 
appeared in public with twenty-four Lictors. 


150 


MAGISTER EQUITUM—DECEMVIRI LEGIRUS SCRIBENDIS. 


MAGISTER EQUITUM. 

As soon as a Dictator had been named, he himself named (dixit) a lieutenant 
or deputy, who was styled Magister Equitum , probably because he headed the 
cavahy in the field, while the Dictator led the legion. The Magister Equitum 
executed the orders of the Dictator when the latter was present, and acted as his 
representative when he was absent, being in all respects subordinate to him, and 
bound to yield implicit obedience. The only case in which we find the services of 
a Magister Equitum dispensed with, was when M. Fabius Buteo was named 
Dictator (B.C. 216) for the purpose of filling up vacancies in the Senate: but, 
as we have noticed above, the position of Buteo was altogether anomalous, for 
there was another Dictator in office, M. Junius Pera, who had been named rei 
gerunclae causa. 

The easiest Magistri Equitum were all persons who had held the office of 
Consul, ( consulares ,) and although when the rule was departed from in the case 
of the principal, it could not have been enforced in the case of the deputy the 
exceptions were not numerous. The first Magister Equitum, not a Consularis , 
upon record, was L. larquitius, B.C. 458. We infer, moreover, from scattered 
notices, that the Magister Equitum was required to have held the office of 

Praetor at least, and that his rank and insignia were the same as those of a 
Praetor. 1 


DECEMVIRI LEGIBITS SCRIBENDIS. 

Origm and dmati®n of iite Office— The Plebs having gained a secure 
position m the state by the institution of the Tribuneship, their next efforts were 
directed towards a reform in the administration of justice. This, after the 
expulsion of the Tarquins, was in the hands of the Consuls exclusively, who 
decided all causes according to their own discretion, and acting under the 
influence of excited party feelings, showed little disposition to discharge the 
judicial functions with impartiality. Written laws, if they existed at all, were 
lew m number, and a knowledge of these, as well as of the law of custom, (Ius 
Comuetudmis,) by which chiefly all legal proceedings were regulated, was 
confined to the Patricians, who jealously refrained from communicatino- infor- 
ination on such subjects to persons not belonging to their own order. Accordingly, 
m B.C. 462, forty-seven years after the institution of the Consulship, and thirtv- 
* c'Ti Je uf t aft f thc institution of the Tl ’ikuneship, C. Terentillus Arsa, a Tribune 
of the Plebs, brought forward a bill to the effect, that five commissioners should 
be elected for the purpose of drawing up laws to define and regulate the power 
ol the Consuls— Lt quinquevin creentur legibus de imperio consulari scri- 
bendis. This proposal was violently resisted by the Patricians, and the contest 
was prolonged for ten years. In B.C. 454, however, the Patricians yielded so 
far as to consent that three ambassadors should be sent to Athens for the purpose 
ot obtaining a copy of the famous laws of Solon, and of making themselves 
acquainted with the laws and usages of the other states of Greece. After their 
le urn, a bill was earned, in B.C. 452, that ten commissioners should be elected 
tor a year, not merely with the limited object first proposed, but for drawing up 
. complete oody of statutes, which should be made known to all, and be binding 

SnddTlS 6 ™ f the c ? mmunit 7; and that, during the period of their office, they 
should be the sole magistrates of the republic. The whole of the commissioned 

ius chosen were Patricians, it having been previously stipulated that they should 

l Ewf in m 9. 8 Dio C nys. X le i Sg ' IIL 3 ’ W ° n CaSS ‘ XLI1 21 ’ 2 ?’ Hut Anton. 8. 


DECEMVIRI LEGIBUS SCRIBENDIS. 


151 


not be permitted to annul or alter those laws which secured by a solemn sanction 
(leges sacratae) the privileges of the Plebeian order. 

The first Decemviri legibus scribendis , as they were styled, entered upon 
oftice on the Ides of May, B.C. 451, and exercised their power in such a manner 
as to give general satisfaction. They drew up a Code consisting of ten divisons, 
or Tables , as they were termed, which was accepted and ratified by the 
Comitia Centuriata. It having been represented, however, that the work was 
still imperfect, and that two additional Tables were required to render the system 
complete, the people consented to appoint Decemviri, upon the same terms, 
for another year. The members of the second board were, according to Livy, 
all different, with the exception of one individual, Appius Claudius, who, 
although he presided at the election of the new commissioners, returned himself 
as one of the number, in violation of the usage established in such cases (see above, 
p. 107.) The new Decemvirs, headed by Appius, were as remarkable for their 
insolence and tyranny as their predecessors had been for mildness and moderation. 
Having finished the task assigned to them, by the addition of two Tables to the 
existing ten, there was no longer any pretext for them to remain in office ; but 
they allowed the year to elapse without summoning the Comitia for the election 
of Consuls or other magistrates, and without showing any intention of resigning 
their power. This usurpation was, however, soon brought to a close, by the 
outrage perpetrated by Appius in regard to the daughter of Virginius, when the 
Decemvirs, in order to escape from the storm of popular indignation, formally 
abdicated. Tribunes of the Plebs were forthwith elected at a meeting of the 
Comitia Tributa, held by the Tontifex Maximus—Consuls at a meeting of the 
Comitia Centuriata, held by an Interrex; and the previous form of government 
was at once restored. 1 2 3 

Powers and HDniaes ©f the Wecemviri.—The Decemviri were, for the time 
being, the sole magistrates of the republic, performing all the duties of state, 
both civil and military—the office even of the Tribunes of the Plebs having 
been suspended ; their power was absolute, and without appeal to the people— 
Placet cr ear i Decemvir os sine provocation, ct ne quis eo anno alius magistratus 
esset. 2 The first Decemvirs exercised supreme jurisdiction by turns, one only 
appearing in public with twelve lictors and the other insignia of Consular power, 
while his colleagues were accompanied each by a single accensus , and each 
permitted an appeal from his legal decisions to another member of the body 
(quum prioresDecemviri appellatione collegae corrigi reddita ab se iura tulis- 
sent.) s But the second board not only declared the decision of each individual 
member absolute and final, but each appeared in public attended by twelve lictors, 
with fasces and secures , thus thronging the forum with a troop of one hundred 
and twenty armed attendants, and striking terror into high and low alike by t his 
display of despotic force. 

liaws of the JEPecemvari.—But although the office of Decemvirs quickly 
passed away, and the individuals who had held it were forgotten, or remembered 
with detestation, the work which they had performed remained a durable monu¬ 
ment of their toils, and the code of the XII Tables, engraved on plates of bronze 
and hung up to public view, (in aes incisas in publico proposuerunt ,) served in 
all time coming as the foundation of the whole fabric of Roman Law (fons 
omnis publiciprivatique iuris.) It seems to have embodied the laws and usages 

1 Liv. III. 31—55. Dionys. X. 1. seqq. Cic. de R. II. 35. 37. de legg. III. 8 . 

2 Liv. III. 32. Cic. de R. l.c. 

3 Liv. III. 33. 3G. comp. Dionys. X. 57. 


152 


TRIBUNI MILITATES CONSULAR! FOTESTATE. 


m force among the Romans at the time it was compiled, together with numerous 
selections irom foreign sources, (accitis quae usquam eqregia ,) the whole having 
been collected, digested, and combined under the superintendence of an Ephesian 

H ejmodorus by name, to whom, in testimony of his services, a statue was 
eiectecl at the public expense, in the Comitium . 1 

tribuni militaees consul ari potest ate s. consul ari imperio. 


©i*igin and duration of the Office. 


7 » ^ '"~~7 ---B.C. 445, four years after the 

abd cation of the Decemvirs, C .Canuleius, a Tribune of the Plebs, proposed two 
avvs, the one for establishing the right of intermarriage (connubium) between 
atucians and Plebeians^, which had been formally prohibited by the Code of the 
n } Ta,Jies 5 tb ® other for declaring Plebeians eligible to the Consulship. The 
ormer was carried m the same year after considerable opposition, the latter was 
moie fiercely resisted by the Patricians ; who perceiving, however, that if matters 
were pushed to an extremity, they would, in all probability, be vanquished, 

Cof 1 o 1 C ° mpromi , se ’ f ter “ s of which ^ ™ resolved that, instead of two 
Consuls, a larger number of magistrates, to be called Tribum Militates Consulari 

and thm i/sho 81 JI m 1 P ° wers as Consuls ’ shouM be olected annually, 

and that it should be lawful to choose these from the Patricians and Plebeians 

without distinction. (promiscue ex patribus ac plebe .) 2 This arrano-ement 

continued partially m force for nearly eighty years, (B.C. 444_B C 367*1 until 

If LeX L r* a ’ 867 ’> the Consulship waJthrown 

thp 11 f Plebeians. During the above period the Senate seems to have had 
eponm ot fixing, each year, whether the migistrates for the following year 
should be Consuls or Tnbum Militates C. P .» and their decision appears to have 
been generally regulated by the state of parties. When the Tribunes of the Plebs 
weie supine or had little prospect of being- able to carry a law similar to that of 
Canuleius, then two Patrician Consuls were chosen ; but when the ao-itation was 

C P dS th6n * d - eC r e W T passed for the Action of Tribum 
Militates C. P. Dm mg the space indicated above these Tribunes were elected 

fifty tunes, Consuls twenty-three times ; and during five consecutive years,(RC. 
3,0—B.C 3n,) the struggle connected with the Licinian Kogations deprived 
the state altogether of supreme magistrates (see above, p 134 j 

placeTom B°C f el «*** which took 

dectioi^ 'from'B' Ch ? Sen fol ' 6ach ^ ear; in the ^een 
and ? r ane i ’ ,7° B,C ' 4 , 06 ’ tbe number was four, except in B.C. 418 

menc^\vK e 4 n^ Were *£"" d “ ri ”S raining period, com- 
menerng with B.C. 40o, the number was uniformly six. 

Mode of Election, P owei 8 , and ii usies—These magistrates were elected 

by the Conntia Centunata, and the duties which they performed were preciselv the 

remained 1 ifthe f f ^ ^ the , Consuk 0lie of their number usually 

lemained m the city for the purpose of administering justice, presiding /t 

meetings of the Senate, holding Comitia, and performing J 0 ther civil functions 

he rest went forth either singly or in pairs to command the armies an 12 

the warn m which the state might be engaged. When acting to^etW they 

c™f the CoS™ COmmand " P °" altefnate d ^’ 83 aIread ? in the 

1 Dionys X. 57 Tacit. Ann. III. 26. Liv III. 34 
orig. mr. Digest. I. ii. 4 . 

I r iv> jy* y eom P- Bionys. XI. 00. 
s iiiv. IV. ) 2 . Dionys. 1 c. 


Plin. II.N. XXXIV. 5. Pompon, de 



TRIBUNI MIL1TARES C. P.—PRAETORES. 


153 


—It has been doubted whether the Tribuni Militares C. P. were 
regarded as Curule Magistrates ; but it is clear, from the words of Livy, (IV. 7,) 
that their imperium and the emblems of their authority were the same with those 
of the Consuls. There is no record, however, of any one of them having ever 
celebrated a triumph, although they gained victories which might have entitled 
them to that distinction. 

It may be asked what the Patricians gained by consenting to the institution 
of this new magistracy, which was thrown open to the Plebeians, while they 
still strenuously resisted their admission to the Consulship. On this point 
historians supply no clear explanation; but it will be seen (in the section on 
Censores) that, at the period when the change was introduced, the duty of 
taking the Census , to which the Patricians doubtless attached great importance, 
and which had hitherto been performed by the Consuls, was committed to two 
magistrates, then first appointed for that special purpose, and who, for a consider¬ 
able period, were chosen from the Patricians exclusively. It has, moreover, been 
conjectured, with much plausibility, that the Patricians made some stipulation or 
arrangement, by which the Tribunus who remained in the city for the purpose 
of administering justice should be a member of their own body ; for even after 
the admission of Plebeians to the Consulship, the Patricians clung to the privilege 
of appointing one of their own order to act as supreme judge in the civil courts, 
as we shall explain in the article on Praetorks. We shall find, moreover, that 
although in several instances the Tribuni Militares C. P. were all Patricians, 
there is no example of their having been all Plebeians. 

PRAETORES. 

<$i'igin of the Office. —When the Patricians were at length compelled to 
acquiesce in the passing of the Lex Licinia , (B.C. 367,) by which the Consulship 
was thrown open to the Plebeians, (see above, p. 134,) they stipulated that the 
judicial functions hitherto discharged by the Consuls, should be separated from 
their other duties, and that a new Curule Magistrate should be appointed, from 
the Patricians exclusively, to act as supreme judge in the civil courts (qui ius in 
urbe diceret.) On this magistrate the title of Praetor was bestowed, (Prae¬ 
tor em iura redden tem,) which, it will be remembered, (see above, p. 133,) was 
originally the designation of the Consuls. The Praetorship was retained by the 
Patricians longer than any of the other great oftices of state, no Plebeian 
having been admitted until B.C. 337 . 1 

Number of Praetors at different Times. —At first there was one Praetor 
only ; but towards the close of the first Punic war (about B.C, 244) the number 
of Peregrini (see above, p. 85) residing in Borne had increased to such an 
extent that it was found necessary to elect an additional Praetor, who should 
confine his attention to suits between Peregrini , or between citizens and Pere¬ 
grini. 2 From this time forward the Praetor who decided causes between citizens 
alone was termed Praetor Urbanus or Praetor TJrbis , and to him belonged, in 
technical phraseology, the Provincia s. Sors Urbana — Urbana lurisdictio — 
Iurisdictio inter cives; while his colleague was said to hold the Provincia s. 
Sors Peregrina—Peregrina Iurisdictio—lurisdictio inter peregrinos — luris¬ 
dictio inter cives et peregrinos , and was, in later times at least, styled Praetor 
Peregrinus. 3 

1 Liv. VI. 42. VII. 1. VIII. 15. 

2 Liv. Epit. XIX. Pompon, de orig. iur. Digest. I. ii. 28. 

3 According to Becker the title Praetor Peregrinus occurs first in inscriptions belonging 
to the age of Trajan. See Orelli C. I. L. No. 2369. 2760. 


154 


PRAETORES. 


About B.C. 227 the number of Praetors was increased to four, in order that 
one might proceed annually to Sicily to act as governor of that province, while 
another might, m like manner, take the command in Sardinia. In B.C. 197 
the number was further increased to six, in order to provide rulers for the two 
Spams. A Lex Baebia was passed, probably in B.C. 180, ordaining that the 
number of Praetors should be six and four, in alternate years ; but this statute 
seems to have been put in force once only, namely, in B.C. 179. By Sulla the 

number of Praetors was augmented to eight, by Julius Caesar to ten, twelve, and 
eventually to sixteen. 1 

Duties Of the Praetors.— The charge intrusted to each Praetor was, under 
ordinary circumstances, determined by lot, 2 and the nature of their duties has 
been indicated above. The Praetor Urbanus and the Praetor Pereqrinus 
remained in the city to exercise their respective jurisdictions, (dime urbanae 
promnciae,)' while the remainder proceeded with Imperium to Sicily, Sardinia, 
and the Spains. But not only might these last be employed elsewhere at the 
discretion of the Senate, but occasionally the Praetor Peregrinus was called upon 
for military service, m which case his duties were thrown upon the Praetor 

i rbanus, who was himself, in times of great emergency, sometimes required to 
take the command of an army. 3 

After the institution of the Quaestiones Perpetuae , (see Chapter on Roman 
Law and administration of justice, p. 290,) that is, about B.C. 144, a great 
change took place m the arrangements described above. From that time forward 
the whole of the Praetors remained in the city during their year of office, two of 
their number presiding, as formerly, in the civil courts, while the remaining four 
or, after the time of Sulla, the remaining six, took cognizance of criminal causes, 
as we shall explain more fully hereafter. This, however, is the proper place to 
say a few words upon the position occupied by—■ 

The Praetor Urbanus specially.— The original, and, at all times, the Chief 
duty of the 1 raetor Urbanus was to act as supreme judge in the civii court: and 
he took his seat on his curule chair, on his Tribunal , for this purpose on every 
les Tastus, that is, on every day on which it was lawful to transact legal 
business. . He also, ex officio, presided at the Ludi ApoUinares and the Ludi 
iscatorn. These duties he performed even when both Consuls were in the city; 
u, in their absence Ins powers and occupations were greatly extended. He then 
discharged most of the functions which had formerly devolved on a Praefectus 
Urbi, and, m fact, acted in every respect as the representative of the Consuls 
except m so far that it was not competent for him to name a Dictator nor to 
pieside either at the Consular or the Praetorian elections. 

nln^n'u 0< ! E i eC M°. M ’ ^Snily and Insignia ©f the Praetors.— They were 
e ected by the Gomitia Centuriata, under the same auspices with the Consuls at 
mst on the same day with the Consuls, subsequentlv, one or several davs later 
A Praetor was styled Collega Consulis, although inferior to him ii Sk and 
as R 'f ai, ^d as occupying the second place among the higher magistrates * He 
wore the Boga Praetexta, used theMa Curulis, and was attended by two 
Lictors withm the city, and by six when on foreign service, and hence he ^s 
teimed by Polybius e^sXeKvg nyepcuv or e&veXsKvg arparnyog and the office 

consultum factum est, ut Q. Fulvio er Senatus 



rRAETORES—AEDILES. 


155 


rtXsKvg upxh . 1 The Praetor Urbanus was regarded as superior in dignity 
to the rest, and hence was designated Praetor Maior. 3 

The Pratttor»hip under the Empire. —The number ot Praetors, which had 
been increased by Caesar to sixteen, was, in the first instance, reduced by Augustus 
to ten, then again raised to sixteen, and finally fixed by him at twelve. From 
A.I). 14 until A.D. 96, it varied from twelve to eighteen—eighteen held office 
under Nerva, and no change seems to have taken place under Trajan, Hadrian, 
and the Antonines . 3 

The functions of the Praetors, under the empire, were, to a considerable extent, 
altogether different from those which they discharged under the commonwealth. 
The supreme jurisdiction, both in the criminal and civil courts, was transferred, 
in a great measure, to the Senate and the Praefectus Urbi, although particular 
departments were, from time to time, committed to the Praetors. Augustus made 
over to the Praetor Urbanus and the Praetor Peregrinus much of the jurisdic¬ 
tion which had formerly belonged to the Aediles; Claudius committed to two 
Praetors, and Titus to one, the decision of questions concerning trust estates; 

( Praetor de Fideicommissis;) Nerva appointed another to preside in all causes 
which arose between private individuals and the Imperial exchequer 5 (Fiscus ,*) 
Antoninus consigned to another all matters connected with the affairs of minors, 
and hence this judge was entitled Praetor s. Index Tutelaris. 4 

But although the Praetors, as a body, were now little called upon to exercise 
purely judicial functions, new duties were imposed upon them. A certain number, 
in conjunction with the Aediles and the Tribunes of the Plebs, neie charged with 
the general superintendence of the XIV Regions into which Augustus divided the 
city, and this arrangement appears to have remained unchanged until the reign 
of Alexander Severus. Augustus and Vespasian placed the public exchequer 
(Aerarium) under the management of two Praetors, and the foimei made o\cr 
to the Praetors exclusively the whole charge of the public games, which had 
previously belonged to the Aeddes. But these occupations iverc not found to 
afford at all times sufficient employment for the whole of these magistrates, and 
some of them occasionally enjoyed the honour and title without being called 
upon for any active exertion. 5 

The name, at least, of Praetor Urbanus endured as long as the Roman 

empire in the west, that of Praetor Peregrinus fell out of use after the time of 

Caracalla, who bestowed the full Civitas on all the inhabitants of the Roman 

world ; and both the Praetor Urbanus and the Praetor Tutelaris found a place 

amono- the officers of state at Constantinople. 

© 

AEDILES. 6 

Two sets of magistrates bore the name of Aediles , being distinguished from 
each other as Aediles Plebeii and Aediles Curules. We must, in the first place, 
consider them separately. 


l On the much contested point of the number of Lictors ass gned to a Praetor, the chief 
authorities are Plaut. Epid. 1. i 26. Censorin, de die nat. 24. C.c. de leg. agr. II. 34. in 
Verr V 54 Polvb 11.24 III. 10. 106. frag. lib. XXXIII. 1. The most embarrassing passage 
is Val. Max. I. i. 9. unless we suppose that the ceremonial there described was regarded as a 

sort of military spectacle. 

3 Velleius IL^89?* ^Tac i t ^A n ? n.' L 14. II. 32. Dion Cass. LIII. 32. LVI. 25. LVIII. 20. LIX. 
20 ipLpL. P Di“eTly ig Ulpfam' XXvt 12. Digest. XXVI. v. S. XXVII. i. 35. 6. §. la 
T 5 C Dion n CasIVlII. S!°LV.T' Tacit Hist. IV. 9. Agric 6. Suet. Octav. 30. 36. Lamprid. 


Alex. Sev. 33. 

6 In addition to the chapter in 
borate monograph of Schubakt, 


Becker, the student may consult, with advantage, the ela- 
De Romanorum Aedilibus. Regimont. 1828. 


156 


AEDILES. 


v rfT, 6 A f di i CS P . Iebeii - At tbe time when the arrangement was 
cone ucled between the Patricians and the Plebeians with regard to the institution 

P/ f w ’ (f- C : 494 ’ sc p P* 146 0 it was agreed that, in addition to 
l lf TSv Plebeian magistrates should be elected annually under the 

aPP6 f , t0 h f e been ’ ^ngmaXly, regarded merely as 
assistants to the Tribunes; and the only special duty which they were required 

tf pei 01 ! n . wa ® ^ act as custodiers of the Tablets on which the laws passed by 

trt^ heiVC rT a i the d T reeS of the Sei]ate were inscribed. These 
ie, at tnat period, deposited m the temple of Ceres; and the Plebs had 

^ tll<3J Sl T Uldbe 8 i iveU in chai ’ 8 ‘ e to officers selected out of 
theu own body, from an apprehension that the great charters of their freedom 
m.ght have been tampered with if left in the hands of the Patricians. 

* 1>rasm ^ e * iIcs Curules.—In B.C. 367, one hundred and twenty- 

seven years after the mst tution of the Aediles Plebeii, the long protoeted st L 

of The htter^Xe 7”1 P ebeia " 3 '™ brought to a closely the admiSin 

the latter to the Consulship; but it was determined, at the same time that 

thiee new magistrates should be introduced, to be chosen from the Patricians 

exclusively, viz. the Praetor of whom we have spoken in the preceding article 

rind two Aediles Curules, whose chief duty, ostensibly at least, was to be the 

thi Wm°n ’ W h ma 8 ' nificence ’ of the Ludi Romani , in honour of 

the harmony now established between the two orders in the state . 1 

the J nounes, however, having remonstrated against the unfairness of insti 
tilting three magistrates exclusively Patrician, while one place offiy^^ in the 

Consulship had been conceded to the Plebeians the Spnnta * i ^ , 

(B C. 36S) that the Curule Aediles should be eLenIn ZStS 
i ebeians, and, soon after, that they should at all times be chosen from the 

chose^trs- &£ sir 

r f P K AcdU “ p,ebeii Adile, Csimles._In s0 

Ui as external marks of dignity were concerned, the superiority of the AediL 
Curules was unquestionable; for they had the nnViwl e , • tn f, C, l cs 

Praetexta and using the Sella Curulis svmboC !>f l ~ ° ™ eai J n £ the ^°9 a 

inviolable, ( sacrosancti , see above n 146 o,m ti,o i i, Me ’ declared 
privileges bestowed by the Leges Sacratae to their ffiii 3 ! P robabI T retained the 

them; so that, towards the eta 0 ??helublfc ESTT* 
discussion whether the Aediles Plebeii had any C-ht to the tit e otsiV ““ “,-1 
In regard to a separation of duties between the Plebeii, ami cLulTed I 1 
any such existed, it is impossible now to discover the linenf?- AMeS ’ lf 

m so far that the ^ ««■> 

1 Liv. VII. 42. 

- Liv. III. o5. 57. Festus. s.v. Sacrosanctum, p. 318. 


AEDILES. 


157 


Romani and the Megalesia especially, devolved upon the Curule Aediles, while, 
as a matter of course, the Ludi Plebeii were the province of the Plebeian Aediles. 

mode of Election. —The Aediles Plebeii , from the year B.C. 472, were 
elected by the Comitia Tributa , in terms of the Lex Publilia of Yolcro, (see 
above, p. 123,) before that time probably by the Comitia Curiata. 1 The Aediles 
Curules were probably elected originally by the Comitia Centuriata , but subse¬ 
quently by the Comitia Tributa: 2 the Curules and the Plebeii were not, 
however, elected on the same day, at least in the time of Cicero ; but the Comitia 
Aedilium Plebis took place before the Comitia for the Curules. 3 The presiding 
magistrate at the election of the Aediles Plebeii seems, as far as our single 
authority can be depended upon, to have been himself a Plebeian Aedile ; the first 
Curule Aedile was chosen by Camillas when Dictator, afterwards a Consul 
presided, or, in his absence, the Praetor Urbanus. 1 2 3 4 

i>ay of induction into Office. —There is no doubt that the Curule Aediles, 
from the period of their institution, entered upon office on the same day with 
the Consuls and Praetors, and consequently, from the year B.C. 154, (see above, 
p. 135,) on the first of January. 5 From the close connection which originally 
subsisted between the Plebeian Aediles and the Tribunes, one might have 
concluded that the former would have entered upon office on the same day with 
the latter, that is, on the tenth of December. But all the evidence we possess 
goes to prove that the Plebeian Aediles, as well as their Curule colleagues, 
entered upon office on the same day with the Consuls and Praetors . 6 

Duties of ihe Aediles.— These were of a most multifarious character; but, 
following the example of Cicero, they may be conveniently classed under three 
heads— Suntoque Aediles curatores urbis , annonae , ludorumque solennium. 

1. It was their duty to act as burgh magistrates and commissioners of police 
(Curatores Urbis.) 

2. To superintend the supply of provisions to the public {Curatores Annonae.) 

3. To take charge of the exhibition of the public games {Curatores ludorum 
solennium.) 

1. Curatores Urbis. —As burgh magistrates and commissioners of police, the 
Aediles were called upon to preserve peace and good order within the city, and 
within the circuit of a mile from the walls, which was the limit of their juris¬ 
diction ; to frame and enforce such regulations as might be necessary for the 
preservation of property and for the safety and comfort of the community. 'Within 
five days after their election, or, at all events, after they entered upon office, they 
divided by lot the districts into which the city was portioned out for police 
purposes. Each was specially required to keep the streets within his own district 
in good order, to see that the necessary repairs were executed from time to time, 
to have them swept regularly, to remove all nuisances, to prohibit encroachments, 
on the part of private individuals, which might obstruct the thoroughfare, to 
quell all brawls and disturbances, and generally to enforce order and regularity 
among the passers to and fro . 7 To them was intrusted the superintendence of 


1 Dionys. IX. 41. 

2 Aul. Gell. XIII. 15. Dionys. IX. 49. comp. Liv. IX. 46. XXV. 2. 

3 The testimony of Coelius ap. Cic. ad Earn. VIII. 4. is perfectly distinct, although at 
variance with Plut. Mar. 5. 

4 Piso ap. Aul. Gell VI. 9. Liv. VI. 42. Cic. ad. Att. IV. 3. pro Plane. 20. Varro R.R. 
III. 2. Dion Cass. XXXIX. 7. 32. 

5 Cic. in Verr. Act. I. 12. 

6 Liv. XXVIII. 10 38 XXIX. 38 XXX. 26 XXXI. 50. 

7 See Tabul. Heracl. Plaut. Stich. II. ii. 23. Capt. IV. ii. 26. Suit. Ve'p. 5, comp. Cic. 
Philipp. IX. 7. Ovid. Fast. VI. 663. Digest. XLIII. x. 


158 


AEDILES. 


t ,n?i t fi mpl f (P rocw : atio medium sacrarum ) and of public buildings in general* 

M into 7 such f°r nS1St * hat Prfva i e mansions sh0llId be allowed to 

J n suc , h . a state of fangs* as to endanger the safety of the people. 1 The 

the^ensOTs^flf f ? r . the execution of great public works belonged to 

t e Censois, as we shall point out m the article devoted to those magistrates * 

but since Censors were in office for eighteen months only durum each snace of 

wLes^haw 7dl’r n,) the I? f their projects carried ounnust, in many 
cases have fallen upon the Aeddes. The Aediles also exercised a certain 

surveillance over public health and public morality, by placing the baths taverns 
and eating-houses under proper restrictions,* 

(isoiderly foreign rites, 3 and by coming forward as the public accusers of females 
charged with disgraceful conduct (probrum,) 4 They had the rio-ht of issnino- 
proclamations (edictd) containing rules connected with their department and of 

of a'fhie upon °‘ ^ " ° f th ° ° r ? ina V P olice ]aws the Miction 

But, in addition to these matters, all of which naturally formed part of their 
duties as police magistrates, we find them, especially ^he Plebein Aedile 
instituting prosecutions against three classes of persons. ^ J Aediles, 

p lhose wh p were in occupation of more than the legal quantity of the Auer 
L that 1S ’ tIie land belonging to the state (Liv. X. 13.) . 

• 1 10Se " of the public pastures (Pecuarii) who had increased their 
fiocks^ beyond the legal limits (Liv. X. 23. 47. XXXIII. 42.^ xSlY. 53. 

m 2 8 &mV W 4L) Xacted more ,han the of 

of rtfpil ere a aT S Whi0h , might be re §’ arded a « peculiarly affecting the interests 
1 P! n * ’ a ^, hence sach prosecutions were probably iriginallykstitutedbv 
e Plebeian Aeddes m their character of assistants to the Tribunes On this 
subject we shall say more in the chapter on the Acjer Publicus. 

(cum aMw^tfartimtfand making ° f 

abroad when any apprehension prevailed of a scarcifv im P 0rtatl0n fr0114 


Martial. V. 84. XIV. l. 


I Tabul Heracl. Cic. in Verr. V 14 

Tib 31 Claud - ** 

Aul L Gell V XyL 7 . 22 Taci't I 'A X nn.\l 2 ' 8 5 Aul - ^ X> 6 ‘ COmp * Val * Max - VI. i. 7. Mue , 

i^o rn bfgeS X S-if if x 5 v> 10< 41 * xxxvm. 35. 


Laber. ap. 


AEDILES. 


159 


Julius Caesar instituted two additional Plebeian Aediles, under the designation of 
Aediles Cereales. 1 A denarius, cer¬ 
tainly struck before the end of the 
republic, presents on one side a head of 
Saturn with a sickle behind, and the 
legend Piso. Caepio. Q. ; on the other, 
two men clothed in the toga seated with 
an ear of corn before and behind, the 
legend being Ad. Fru. Emu. Ex. S.C. from which we infer that the duty of 
purchasing com for the public was sometimes laid upon the Quaestors. 

III. Curatores ludorum solennium. —The Aediles Curules , as we have seen, 
from the first took charge of the Ludi Romani; but the general superintendence 
exercised by these magistrates over the public games was closely connected with 
the obligation imposed upon them as heads of the police, to maintain order and 
regularity at the great festivals which, in the earlier ages of the state, were 
exhibited at the public cost exclusively. The decoration of the Argentariae, 
(see above, p. 18,) with the gilded shields of the Samnites, at the triumph of 
Papirius, in B.C. 309, is said to have first suggested to the Aediles the idea of 
ornamenting the Forum and its vicinity with statues, pictures, embroidery, and 
other works of art, during solemn processions and the celebration of the public 
games. This species of display was, towards the close of the republic, conducted 
upon such an extensive scale that works of art were borrowed for the purpose, 
not only from private individuals in Rome, but from public bodies in ail the 
provinces, by the Aediles, who spared neither trouble nor expense in this nor in 
any other matter connected with the splendour of the great festivals, each being 
eager to surpass his predecessor, and hoping that, by gratifying the curiosity 
and feasting the eyes of the multitude, he would be able to secure their suffrages 
when candidate for the higher offices of state. 2 It is to be observed that, 
although the arrangement and regulations of these national shows devolved upon 
the Aediles, one of the higher magistrates, a Consul or a Praetor usually acted as 
President. 3 

We may conclude this article by quoting from Cicero (In Yerr. Y. 14) the 
catalogue of the duties which devolved on him in his capacity of Aedilis 
Curulis , and of the honours which formed the recompense of his labours— Nunc 
sum designatus Aedilis: liabeo rationem, quid a Populo Romano acceperim: 
mihi ludos sanctissimos maxima cum caeremonia Cereri, Libero, Liberaeque 
faciundos; mihi Floram matrem populo plebique Romanae ludorum celebritcite 
placandam; mild ludos antiquissimos, qui primi Romani sunt nominati, 
maxima cum dignitate ac religione lovi, Iimoni, Minervae esse faciundos; 
mihi sacrarum aedium procurationem, mihi totam Urbem tuendam esse com- 
missam: ob earum rerum laborem et sollicitudinem fructus illos datos, antiqui- 
orem in Senatu sententiae dicendae locum, Togam Practextam, Sellam Curulem, 
Ius Imaginis ad memoriam posterilatemque tradendae. 

Aediles Slip under ttlie Empire.— The Aediles Plebeii and the Aediles 
Curules, together with the Aediles Cereales, instituted by Julius Ctesar, continued 
to exist as distinct magistrates until the reign of Alexander Severus, when they 

1 Liv. X. 11. XXX. 26. XXXI. 4. 50. XXXIII. 42. XXXVIII. 1. Sueton. Caes. 41. Dion 
Cass. XLIII 51. Pompon, de orig. iur. Digest. I. ii. 2. § 32. 

2 Lir. IX. 40. XL. 44. Cic. in. Verr. I. 19. 22. IV. 3. and notes of Pseud. Ascon. de N. D. 

I. 9. 

S Val. Max. I. i. 16. Liv. XXXIV, 44. Macrob. S. II. 6. Tabul. Heracl. 





160 


AEDILES—QUAESTOItES. 


disappeared altogether. But although the office was thus retained for more than 
? T- a " d a ' half after the d0 ™ fal » f commonwealth, the tales were 

t£^ffl h ZZ7irT W - U “i. te ’ f o' m ° St im P° rtant tasks performed by 
",” d ./epabhc having been by degrees committed to other hands The 

genml superintendence of the XIV Regions into which the city was divided by 
Augustus, was indeed intrusted to the Praetors, Aediles, and Tribunes of the Blebs'- 
but the most important and onerous portion of this chargefel SS 
Vzcormn, the Praefeotus Vigilum and various Curatores, noSed tor ZV 
“ “ departments. The Aediles seem to have retained little except the inspection 
of the streets, of baths and of taverns, the exercise of a literar/censorshm -md 
the enforcement of the sanitary laws Tho Cum h.ri 7 ccn : s01sln lh and 

wifh tiiAm fm. „+• , , ,v • me Liaa Ludorum solenmum was left 

. tl ther ? foi . a time 5 but the expenses entailed bv this charge being ru i noi] „ 

wild, of them should assime the AedilesMpVenffially 'as^statedlov/ T 

QUAESTORES. 

inTOkd^fmo^^dmffi^aiurooiiffisioi^tiiai^tTe^ 6 ^’ ?° ma “ - 

Quaestorship ; (Quaestma-) bm Sout el Lg info'a $ “**”7 

tion of the various on inions which 1,0™ 1 a 1 ltoa tedious critical examma- 

state at once “5? maintah “ d ’ may 

that two sets of magistrates, both bearino- the^f ailsea ^’ om the circumstance, 

functions were entirely different, existed horn a very early period™’ ** Wh08e 

Jh ££>%££* “7"'p ordinary magistrates, who 

the Senate 1 J ’ eCeiVU,g and ^^ursing it under the orders of 

tive ages to preside^’^SiiS^^SS 84 ^ 4 ^’ “P 1101 ”?® 3 “ the prim! ' 

i ,,. ill .',.,.,,,.1 . , , i , ; . jv .-;- 1 

Which is merely another form of Quaestores and ZT J ^ Quaesitores , 
word for a criminal trial. The Decemviri Prrdttr Q - iaeStW . 18 the technical 
Hostilius (Liv. I. 26) to try UonZTZZ \ eidudh ° m J nominated by Tullus 
example of Quaestores Parricidii • and • e 1 c S ai '6ed as affording the first 
384,) Livy (VI. 20) LndTn 11’ n aga ! n ’ - at a much lat er period, (B.C. 

convicted by Duumviri appointed for the nuniose^f ^ anl . ius was tried and 
treason. It is qi fi te JEt the ^ of 

asr ■ rs.-a .-nw y- £sr 
•i - —, „, p „, ,s rsrxi&rs 

1 Tacit. Ann. II. 85 III 59 tv or vttt 

lilt:12 5 ' Vesp ‘ 5 - LllfJVlV^ 

also Cic. de R. IL 35. St i,as >age in whloh h e mentions Quaestores, III. 24. 25. VI. 20 25 See 


QUAESTORES. 


161 


magistrates to whom the prosecution of criminals was frequently intrusted, 
especially in the absence of the Consuls, is proved by the assertion of Varro, that 
for this purpose, and for this only, they had the right of summoning the Comitia 
Centuriata—Alia de causa hie magistratus non 'potest exercitum urbanum 
convocare . 1 

In what follows, therefore, we shall confine our attention exclusively to those 
Quaestors who, for the sake of distinction, were called Quaestores Aerarii , 
reserving all remarks upon the criminal judges called Quaesitores or Quaestores , 
whom we believe to have been perfectly distinct from the others, until we treat 
of criminal trials. 2 

But even after we have drawn this line of separation, we do not yet find our 
authorities agree as to the period when the ordinary magistrates called Quaestores 
were first introduced. According to Junius Gracchanus, as quoted by Ulpian, 
they were as old as the time of Romulus and Remus, and Tacitus says that they 
unquestionably existed under the Kings— quod Lex Curiata ostendit ab Lucio 
Bruto repetita. Livy, on the other hand, and Plutarch state as positively that 
the office was not instituted until after the establishment of the commonwealth. ■' 
That there must be officers in every regularly organized state to take charge of the 
public treasury appears so obvious that, even if the statements of Gracchanus and 
Tacitus had been less positive than they are, we should at once have preferred 
their authority, and we may therefore conclude that the office passed over from 
the regal to the republican period without material change. 

Number of Quaestores.— The number of Quaestores was originally two, 
and they discharged the duties of their office within the city. But in B.C. 421 
the number was increased to four; two remained in the city, and were styled 
Quaestores Urbani , while two accompanied the Consuls with the armies to the 
field, taking charge of the military chest and disposing of the plunder. 4 The 
number was again increased to eight about the beginning of the first Punic war, 
when the whole of Italy had been subjugated ; but we hear of no further increase 
until the time of Sulla, who raised the number to twenty, while by Julius Ctesar 
it was augmented to forty. 5 We read in Joannes Lydus (De magistr. I. 27) ot 
twelve Classici Quaestores chosen about B.C. 267 ; but whether they were so 
named from being appointed to the fleet, or how far we can at all trust the 
information afforded by such a writer, it is not easy to determine. 

Mode ©f JEleetiou. —Here again we find nothing but positive contradictions. 
Tacitus asserts that the right of nomination lay with the Kings, and after their 
expulsion, was exercised for sixty-three years by the Consuls. Gracchanus, on 
the other hand, assures us that, even during the regal period, they were chosen 
by the votes of the people. We can scarcely doubt that, from the commencement 


1 Varro L.L. VI. § 90-93. Dionys. VIII. 77. ...... _ , 

2 We have distinct statements with regard the Quaestores Parnctdn m Paulus Diaconus 
s v. Parrici Quaestores , p. 221, and in Pomponius de orig. iur. Digest. I. ii. 2. § 23. who tells us 
that they were named in the laws of the XII Tables. The words of Festus s.v. Quaestores, 
p. 258. are unfortunately so mutilated as to yield no information. Varro, again, (L.L. V. § 
81.) although sufficiently clear upon one point, seems to have supposed that the Quaestores 
Aerani and the Quaestores Parricidii were originally identical, while Zonaras, (VII. 13,) if 
we consider his testimony of any weight in a matter of this sort, believed that the Quaestores 
were originally criminal judges, to whom, on the establishment of the commonwealth, the 
charge of the public money was consigned. 

8 Digest. I. xiii. Tacit. Ann. XI. 22. Liv. IV. 4. Plut. Popl. 12. 

* Here we follow Livy, (IV. 43,) whose narrative is clear and consistent while the account 
given by Tacitus, (Ann. XI 22.) which is, upon some points, directly opposed to that of 
Livy, is confused and improbable. 

0 Liv. Epit. XV. Tacit, l.c. Suet. Caes. 41. Dion Cass. XLIII. 47. 

M 


1G2 


QUA ESTORES. 


r/)lr7^ P A 1[k f lea 1’ th , C eleCtio ? was in the hands of the Comitia—first of the 
C onutia Cunata , and subsequently of the Comitia Tributa 1 

of ft:r„r“\rr t ?° 8 r--? e ‘ jnaestors ’ ute an the <*>«* ^ 0®^ 

-ate, weie at first taken from the Patricians exclusively; but when, in B.C. 

that’ for the mClm - e t0 f ?" r ’ W3S settled ’ afier a shai P' contest, 

whhont , ftiiet- ’ p ma f StraCy should be °P en t0 Petri™ ami Plebeians 

exdude the Met.-"' 7' ' T,S however > the Patricians contrived tc 

succeeded ' h ’'? B ' C ' 409 1 a taction took place, and the Plebeians 
succeeded m securing three places out of four. 2 

S5ay of Induction into office.—There can be no doubt that the Comitia 

f CT the C T Uia Corisularia , “d we should naturally 
conclude that the Quaestors entered upon office on the same day with the Con- 

uls, 1 1 actors, and Aediles; but it has been inferred, from a passage in one of 

a4 oirtr! the S t chol , ium b P wbich 11 is accompanied” that, in the 
ieeiiS 1 p? i, i! entered upon office upon the 5th of December (Norm 
JJecemOnbur.) Perhaps, however, it would be unsafe to pronounce unon this 
confidently, in the absence of more conclusive evidence. 3 P 

decided bv lo^ wlfer^'T^T *’rT ’Q uaestors > after their election, usually 

a narticidardn^t-M* / °1 SerVe ’ a ! thou S h °eeasionally the Senate assigned 
a particular duty specially (extra sortem) to a particular individual and some 

times a General was permitted to select his own Quaestor* When the mmhe 

eadi c"ns7’ara kte^ ^ T*"* “ W, and on"!^ ^sigTedt 
Consul, at a latei perion, perhaps not until the number was increased tn 

wenty, one was always sent to Ostia, to take charge of the duesTa ?lon 

exports and imports, and this seems to have been what was termed the ProvZT, 

tnlZ^wZ stZZdlfclf “• th r m ° St l ! !sa S reeab,e and troublesome of all; 

s:;=>a a '5„“ & ““sisi ^£ I'? 

aXtteen?fathe?™7h- ndCOnMe "T Were 8upposed *° exist b^een them 

Quaestor towmrdsone^mder w?o’ he Z “ ZTJ 

soSz:: e xZtZTii:zpsr m officii ' quam puU ™ m “ 

parentis numerofumet, id pie facir non pLcsT^ ^ * ** 

ie 2mestores Urbam took charge of the Aerarium. The proceeds of all 

Epp^adf^vil^s? 05011 m th ° Cormha Tributa in the age of Cicero seems certain from 
3 Liv. IV. 44.’ 54' Cic. in Verr Act T in 

XXX C 33 ad ^ R L L ad Att ‘ VI1 6 Oiv*. in Q. C. 14. in Verr. 1. ,3 in Catil. IV. 7. Liv. 

Suet. Claud. 24 Ur phit. 8 Sert°4 SeSt ' in Vatm - 5 - Di °n Cass. LV. 4. Tacit. Ann. IV. 27 . 

be employed a^hS'ca e c a niL a byThe n advocat 4 e of h Verres-S” g the arguments that would 
rt ex ilhus rnvidia deonerare aliquid, etm te traicere c.oerJrit ? ^ VmCOmmiSerari ' con queri, 

/ raetore necemtudmem constitutam ? M orem malar urn^ e7 ^/.f^^rare Quaestoris cum 
orutionu suoire invidiam ? emmaiorum? Sortis religionem? Poterisne eiua 


QUAESTORES. 


1C3 


taxes, whether direct or indirect, were paid into their hands, and all monies 
belonging to the state, from whatever source derived, were received by them. 1 
By them, also, all disbursements on account of the public service, whether for 
public works, for the pay of troops, or for any other object, were made. In this 
they acted only ministerially, since they could make no payment whatsoever with¬ 
out the direct and express authority of the Senate, who held the entire control 
over the finances of the state. 2 3 

The military standards also were deposited in the Aerarium, and when an 
army marched forth from the city, they were taken out by the Quaestors and 
delivered to the general— Signa a Quaestoribus ex aerario prompta delataque 
in Campurn . 8 

In like manner, in the provinces, all pecuniary transactions of every descrip¬ 
tion, connected with the public money, were conducted through the Quaestors, 
who accounted to the Senate directly, or through the medium of the Quaestores 
Urbani. 

The Aerarium, as we have already stated, (p. 28,) was in the temple of 
Saturn, on the Clivus Capitolinus , and immediately connected with it was the 
Tabularium , or Record-office, where state papers of every description were 
deposited ; and these, towards the close of the republic, were in the custody ot 
the Quaestors, having at an earlier period been kept in the temple of Ceres, under 
the care of the Aediles. 4 Officials, both civil and military, on resigning their 
charge, deposited in the Aerarium the documents connected with their offices, 
and took an oath as to their accuracy before the Quaestors. 5 

iMgnity of the Quaestors. —The Quaestorship was the lowest of the great 
offices of state, and was regarded as the first step ( primus gradus honoris ) 
in the upward progress towards the Consulship. Such, at least, was the light in 
which it was viewed in later times, but in the earlier ages we hear of individuals 
who had held the office of Consul serving afterwards as Quaestors. 6 

While in office, the Quaestors had the right of taking part in the deliberations 
of the Senate, and had a claim to be chosen permanent members of that body, 
after those who had held higher offices had obtained seats. 7 

They do not appear to have enjoyed any outward mark of distinction, neither 
the Sella Curulis nor the Toga Praetexta , and not being invested with any 
summary jurisdiction, were not attended by either Lictores or Viatores. s 

Quaestorship under the Empire.— The number of Quaestors was increased 
by Julius Caesar to forty. We have no specific statement with regard to any 
diminution in this number; but it has been inferred from the words of Tacitus, 
who notices the augmentation of Sulla only, that they must have been speedily 
reduced to twenty. 9 A vital change took place in the duties of the office soon 
after the downfal of the commonwealth; for the charge of the public exchequer 
(Aerarium) was committed by Augustus, in the first instance, to commissioners 
selected from persons who had held the office of Praetor the previous year, and 

1 Liv. IV. 15. V. 26. XXVI. 47. XXXIII. 42. XXXVIII. 60. XLII. 6. Dionys. V. 34. VII. 

63. VIII. 82. X. 26. . , 

2 Liv. XXIV. 18. XLIV. 16. XLV. 44. Cic. Philipp. IX. 7. XIV. 14. Val. Max. V. i. 1. 
Polyb. VI. 13. 

3 Liv. III. 69. IV. 22. VII 23. 

4 Polyb. III. 26. Liv. XXXIX. 4. Tacit. Ann. III. 51. Suet. Octav. 94., 

6 Liv. XXIX. 37. Val. Max. II. viii. 1. Appian. R.C. I. 31. 

6 Liv. III. 25. Dionys. X. 23. 

7 Auct ad Herenn. I. 12 Pint. Cat. min. 18. Liv. XXIII. 23. Val. Max. IL u. 1. 

8 Varr ap Aul. Gell. XI IT. 12 

9 Dion Cass. XLIII. 47. Tacit. Ann. XI. 22. 


164 


QUAESTOKES—CENSORES. 


btSSS whrLato mS’ter J ™ S wa * overthrown 

were assigned to each Consol tt mu , a \ mm\irs, by-whom two Quaestors 
to preside over the treasury six OnipV ? ° ° n ^ ‘h s ^ 0 ol the Quaestors continued 
tbe titles QZaesZ ^ thc dt ^ «“<* 

were, as m ancient times, each attended by a Qnaesto™ R ,f h, s nv S . ^ 
ordinary Quaestores Ccmw/i;* n,ui f i ,, A quaestor. Jiut in addition to the 

was always LZed spSv to the J“ 7 Provinciarum, a Quaestor 

QuaesJ Can&Tptlini ^T slXcXX ***** « 

vidual was nominated by fcCl S Prmapu. This indi- 

Senate the imperial Rescripts wfch l» ,r k duty to communicate to the 
It is almost LnLsmyTo Obse yeThat’ he t-T T^ " P ^ “• 
dignity and influence to his col SL1 Z fX “ “T* "I**® “ 
of a principal Secretary of State £22 f “any respects, the position 

Emperor was Consul he had two Ouil ■ * year onI y- Whe " 

QuLtores ^ It Wh ° WWe M 

Principis in addition!» Bv an „T,„ ,,T' „i , ’ th ' S ^ there was a Quaestor 
Principle, were immediately promoted to the IWm? • SeTeru l s tlie bri'etes/om 
imposed the exhibition of certain nnbl.V o-o, i et01sm P’ 811(1 u P on them was 

Aie“T 3 .f a£feras am>eren( * inde regerent (UmpS 




established it became necesf^ ™ 

«« ri-’f 

tamed, m order that the amount of tax (trihvt,nl\ f • i C01Tectl y ascer- 

might he determined, and that each might be & a “ n«f T v ' ' Zo 1!able ' 

Century, so as to secure order and acTmacv i„ T.T- S pro P e !' Class ar ' d 

Centuriata. The business connected i - ‘ inail g e “ents ot the Comitia 

rites by which it waTaToTLanM“1X u Reg S tra ‘ ion ' and <*« solemn 

after the revolution by tile Consuls' until tl!!l -' 1; ' V P ei formed by the Kings, and 

desire upon the part of Patrick to TX^T ° f ^ , business ’ and a 

peculiarly sacred, from beM d charged bT p d . utles t wluch they regarded as 

new ma^straey termed CctT™ the ™ , f n8 ’ ^ ?> the institution of a 

called Censoees, i .e. Registrars This ia , es "• 10 J , i d tlie offioe being 
, .C. ncyisnais. tills took place in B.C. 443. the law fiS 

°” tav ' “ cl " lui “• Flin Paneg>T ' "• 

* m °' mn mee,t L *“• «**>• Epp vii ,r- T , oit Ann . ;;VI ,, Su<t 


CENSOR ES. 


1G5 


the election of Tribuni Militares consulari potestate having' been passed in. 
B.C. 445. 1 

i^'ianibcr. IfSode of Eieciion, Qualificatioia, &c.— The Censors were 
always two in number, and were originally chosen from the Patricians exclu¬ 
sively. In B.C. 351, we find for the first time a Plebeian Censor, C. Marcius 
Rutilus. In B.C. 389, a Lex Publilia was passed by Q. Publilius Philo when 
Dictator, enacting that at least one of the Censors must be a Plebeian. In B.C. 
280, the solemn sacrifice of the Lustrum , with which each Registration was closed, 
was performed for the first time by a Plebeian Censor, Cn.^Domitius, and in 
B.C. 131, we have the first example of two Plebeian Censors. 2 

The Censors were chosen by the Comitia Centuriata. The assembly for their 
election ( Comitia Censorici— Comitia Censoribus creandis ,) was held by the 
Consuls soon after they entered upon office, and the Censors appear to have com¬ 
menced their duties immediately after their election, and, therefore, upon no fixed 
day. 3 

As a general rule, no one seems to have been considered eligible who had not 
previously held the office of Consul; but we have no reason to suppose that there 
was any law enforcing such a restriction, although when an exception occurs, it 

is mentioned as something extraordinary. 4 

Peculiarities c«imcctcd wit!* she ©liice.— The Censorship was character¬ 
ized by several peculiarities which distingnisned it from all the other great offices 
of state. 

1. While all the other magistrates of the republic remained rn office for one 
vear only, ( annul ,) the Censors originally retained their office for five, that 
being the stated period ( lustrum ) which elapsed between each Registration. But 
in B?C. 434, nine years after the institution of the Censorship, a feeling having 
arisen that freedom might be endangered if the same individuals were suffered 
to exercise power for such a lengthened period, the Lex Aemilici was passed b> 
Mam. Aemilius, at that time Dictator, enacting that the Censors should hold 
office for one year and-a-half only! (jie plus cpiam annuo, semestiis Censura 
esset ,■) and, accordingly, from that time forward, all Censors, with one excep¬ 
tion, ’resigned at the close of the above-named period. It would seem, however, 
that they could not be forcibly ejected, for Appius Claudius Gaecus, (B.C. 312,) 
on the pretext that the Lex Aemilia applied to those Censors only during whose 
magistracy it had been passed, persisted in retaining office after the eighteen 
months had expired, although his colleague had retired, and although all classes 
united in reprobating his conduct— Summa invidia omnium ordinum solus Cen- 
suram qessit. 5 

2. In B.C. 393, it happened, for the first time, that one of the Censors, C. 
Iulius, died while in office, and his place, according to the system followed with 
regard to the Consulship, was filled up by the appointment of P. Cornelius Malu- 
ginensis. Three years afterwards, (B.C. 390,) before the period for the election 
of new Censors had arrived, Rome was captured by the Gauls. Hence a super¬ 
stitious feeling arose, and it became an established rule that, if a Censor died 
while in office, his place was not to be filled up, but that his colleague must 
resign, and two new Censors be elected. It happened upon one occasion that this 
second’ set of Censors were found to be disqualified, which was regarded as an 


l “I- LwlviiA'A V..L 19 Bp... XIII Epit. LIX. 

3 Hv, XXIV.’ 10 XXVII. 11. XXXIV. 44. XXXIX. 41. XLI. 27. XLUI 14. 

4 Liv. XXVII. 6. 11. comp. Fast. Capitolin. s.a. 500. 

15 Liv. IV. 24. IX. 34. 


166 


CENSORES. 


indication that the Gods desired the office to be suspended fm-tw r * , 

no third election took place. 1 suspended foi that Lustrum , and 

\ C * Marcius Stilus having been elected Censor for a second tim* in o or- 

forbidden that any one should hold the office t>vice ftom Ti, L* ° r “ T 
T^Ge,?sTar27™ ^ ™ 3 SeCOnd C0 S”°“<»- by one of 

only* of The ^anffidate^obtained^he^nec^saia^ numbei^of' 6 s f me f a ^' *«« 
returned, but the proceedings were renewed noon a a 16 'T •"”* 

- ensoriis , nisi duo confecerint leqitima suffraain nP ^ b Comitixs 
comitia differantur . 3 See above, p. 110. ' ' ’ * ? enuntiato altera , 

ffaasEgnia ©f she Cesasors.—The Censors Ind tlm V n n t 
gather from Polybius that their state dress was not ho r an t d We 

Loga Purpurea , that is, a cloak not merelv bordorod f P r ^lexta but a 
all purple. They had no lictors. 4 7 d d or frm £ ed Wlth P^P^e, but 

perform^d^y^he* ^nsore^* ^ deLribal e ^ r T e ™P°rtance of the duties 
circumstance that the office was almost imV l f connection with the 

these magistrates in a pre-eminent position 4lth^ e 7Co . nsuIars > P^ced 

to a Dictator, to a Consul ^or even tnTp f ^ mfenor in act *al power 
certain sacred character which always in Wd t! ™ invested with a 

To be chosen to fill this post was regarded as ' res P ect and reverence. 
Hie of political distinct^- ir/cVrf r™-™? ^ ° f a 

and simple, became^ in process^of*timThi ah/* 16 CenS y TS l \ vhic!l at first were easy 
they were all closely connected with enrh nt!f compheated and multifarious ; but 

ments and extensions of their original aCt ’ mere1 ^ Hevelop- 

classed under three heads :_ 6 ° aions. They may be conveniently 

1. The Registration (Census.) 

O r e su P erin tendence of public morals (Reqimen morum 4 
pubHctSr emS fOT thC C ° ,leCtion ° fthe Public Revenue Zl the execution of 
These we shall consider separately. 

duty of tlie Censors was^ frTdrcu^ nle and, originally, the sole 

stating in detail the age of each the amount nf iv °® UC 1 ie . Clt ^ zens °f Rome, 
and the number of his children— Censores mnuli^Tj' mcdudin 8' s] aves, 
pecumasque censento. This registration wr t P - ? } mtates s °boles familias 
;He Censors, in performingthe*S Ze ^ Ce ^’ 7 a * d 

ktte ; e S ' Whe “ * h ^ ”«* £ entry in th L bS ( ZZ CeTriJj 

1 Liv V. 31. VI. 27. IX MJ ,_ 


loner 

o 

KOU 


Fast. Capitolin. 


pa « S v m i m 3L ^ 1 27 TX 34 XXIV ‘ 4 ' j ‘ XXVIt 6 com P- Plut Q. R. 50 

»SJ: S’sT- 1 *• p, “‘c-'- 

« x j v ;. 75 - 7, ' r '"- VIL la 

7 h/' V' Cl ?- de ^ HI- 3 . Zonar YU la rtf ' P t,? 569 > 6,1 Gaisf. 
vretium S jf" in *he phases / • 


CENSOEES. 


16 7 


under the proper head, they were said Censere 1 s. Censeri - s. Censum acci- 
pere. 3 The different objects to be taken into account in estimating a man’s 
fortune, were defined by a law entitled Lex censui censendo; and hence lands 
which belonged in full property to Roman citizens, and which it was necessary 
to enter in the Censors books, were termed by lawyers Agri censui censendo. 4 
When the citizens assembled for the purpose of being registered they were said 
to meet ut censerentur s. censendi causa. 5 The schedule filled up in reference 
to each individual was the Formula censendi , and this was regulated according 
to the discretion (Censio) of the Censor. 6 A person when regularly registered 
was said censeri , 7 and called census , while a person not registered was styled 
incensus , and heavy penalties were inflicted upon those who wilfully evaded 
registration (see p. 83, under Deminutio Capitis maxima .) No one had a right 
to be registered ( ius censendi ) except he was his own master, (sui iuris ,) and 
thus sons, while under the control of their father, (in patria potentate,) were not 
registered independently, but were included in the same entry with the person to 
whose authority they were subject ( cuius in potest ate fuered)^ Unmarried 
women ( viduae ) not under the control of parents, together with orphans, ( orbi 
orbaeque — pupilli.) were ranked together and arranged in a compartment by 
themselves, their rights being guarded by Tutores. 

When the Registration was completed the Censors proceeded to revise the lists 
of the Tribes, Classes and Centuries, and to make such alterations as the change 
of circumstances, since the former Registration, demanded. They next drew up 
a catalogue of the Equites who were entitled to serve equo publico , (see p. 72,) 
and finally proceeded to make up the roll of Senators, (Album Senatorium ,) 
supplying the vacancies which had been occasioned by death or other causes. In 
performing this task they were said legere Senatum , and the principles b^ which 
they were ;guided will be explained in the chapter where we treat of the Senate 
itself. 

Place and Manner of Registration. 9 —The Census was taken in the Campus 
Martius, in a spot consecrated by the Augurs, ( Templum Censuraef) much of 
the business being transacted in the Villa Publica (see above, p. ^6.) The 
night before the day fixed for taking the Census, the Auspices having been 
observed and pronounced favourable, a public crier (praeco) was ordered to 
summon all the citizens (omnes Quirites ) to appear before the Censors, and he 
made proclamation to that effect, first upon the spot, (in templof) and then from 
the city walls (de moeris .) At daybreak the Censors and their clerks (scribae) 


l e.g. In qua tribu denique ista praedia Censuisti, i.e. Did you make entry of. Cic. pro 

^^Censeri is used as a deponent verb in such phrases as, Census fs proeterea numeratae 
pecuniae sestertiorum triginta millia— Census es mancipia Amyntae, i.e. You registered or 

made an entry of. Cic. l.c. . . . j • s T : 

3 e.s. In cKNSinus quoque accipiendis tristis et aspera in omnes ordines censura fuit. Liv. 

XXXIX 44 

4 See Liv XLIII. 14. Thus Cicero asks (Pro Flacc. 32) Illud quaero, sintne ista praedia 
Censui censendo ? Comp. Paul. Diac. s.v Censui censendo, p. 58. 

6 Censor ad qnnius Cf.nsionem, id est, arbitrium , censeretur populus. Varro L L. V. J 81. 

6 e.g'. Haec frlquentia totius ltaliae .... quae connenit ludorum censendique causa. Cic. 

‘Vllere CeLeVfs a passive verb, with Census for its participle, e.g. Ne absens censeare, 
rurabo edicendum. See. Cic. ad Att. I. 18.— Conr.everat autem ex muntcipus cumscunque modi 
multitude . ut censeretur apud Censores Gallium et Lentulum. Pseud. Ascon. m Cic. 
Verr. Act. I 18 —Lustro n Censoribus condito, censa sunt capita civtum ducenta sepiuagiula 
unum millia ducenta viginti quatuor. Liv. Epit. XIV. 

8 Liv. XLIII. 14. Paul. Diac. s.v. Dmcensus, p. 66. . .. ™ . . 

9 On the matter contained in this section consult the curious extracts from the Tabulae 
Censoriae , (a general name for all written documents connected with the office,) preserved 
in Varro L.L.VI. § 86. also the Tabula Heracleensis ; Dionys. IV. 15. and Aul. Geli. IV. m. 


168 


CERSOREg. 


were anointed with perfumed oil (murrha unguentisque uuquentur ) TTnnn 
he arrival of the Praetors, the Tribunes of the Plebs, and Xs invited toCt 

‘l aS ^ SSOrs ’ ( m C07 }silium vocati,) the Censors cast lots which of them should 
offer the great purificatory sacrifice, with which the whole^ proceeding c o ed 
(Censores inter se sortiuntur uter Lustrum farin'\ Ti.o , • & C e( 
constituted by the Censor on whom the lo hadSen Wl, Tr™ , then 

*:t d i UP ” “ the p "f dent : These“lt U :„; c id S S t'e 

children il ,Iw" “ w f “ a r ned OT si »gle, and if married, the number of hi, 

R and th fS a f s (Eqmtum peditumque prolan Censores describulto 1 

2,f^ “ g i,rti w r at pr °r ty i,e *» ssessed ’ and “ 

V U1 l0tal amount, the Censor bemo- assisted in this rmtw m T a 
valuators, who seem to have been called Zuratores. > The whole if TeS 

Br»rP ri r*'-'" 1 2 ' ““ 

£3 & IT C'CS > scs=js ,d= 

II. Morum Regimen— But the Censors were required to net-form not n„i 
the mere mechanical duties of the Census w , peitorm, not only 

dtsgracetal m a Roman, or of such as were calculable Zve iniuSto the 
wellbeing of the state and the interests of the corn muni tv at ZJ? nl 

any gross breaches of morality in public and private life, cowardice^sordid 
occupations, or notorious irregularities, fell under th P ir m - v , ld 

they were in the habit of de°nouncZ “duSt^ C ‘ P “Z" 1 
luxurious habits or who, by the carries? cultivation of theif 
persisting in celibacy, omitted to discharge obligations held to V« 1 / r ^ 
jwery citizen. It was the exercise of thrfdSfo^ poweZvhich tve!b 
the Censor with so much dignity: for the oeonle wlmn „ i mv p sted 

Vidual to (ill this office, by so doing, pronounced bZtuilified to • •“/ mdi ‘ 
on the character and conduct of theZhole body ofUS mZZ gme " t 

VomZrT" °.^approbation on the part of a Censor was termed Notio s 
.yotatiO' s. Ammadversio Censona , and the disgrace inflicted bv it Nnt 

ZZ^istZrstZ^ton Z ST* & 38 * 

vdtnessZZSZla,^ « 

(Subscript,o Censorial) and occasionally, when any doubt Slf to T”’ 
moods, they allowed those whose character was impUefan Cortuui 


1 Plaut. Poen. Pro!. 55. Trin. IV ii 10 
scarcely be regarded as decisive 

2 Liv. XLIII. 16. 

S Oic. pro Cluent. 46. 


Liv. XXXIX. 41. These passages, however, can 


CENSOEES. 


1G9 


defending themselves. 1 The only effect of the Animadversio Censoria , in itself, 
was to affix a stigma ( ignominia ) on the individual— Censoris indicium nil fere 
damnato nisi rub or em affert. Itaque ut omnis ea iudicatio versatur tantum- 
modo in nomine , animadversio ilia ignominia dicta est ; 2 but, in addition to 
the mere disgrace thus inflicted, the Censors could, to a certain extent, deprive 
the object of their displeasure of substantial honours and political privileges. If 
he were a Senator they could omit his name from the Album. Senatorium whence 
such persons were termed Praeteriti Senatores, and thus expel him the body; 
(movere senatorem senatu ;) if he were an Eqnes equo publico , they might 
deprive him of his horse; (equum equiti adimere ;) and any ordinary citizen 
might be transferred from a Tribus Rustica to one of the Tribus Urbanae , or 
his name might be left out of the list of registered voters altogether and placed 
among the Aerarii (see above, p. 82.) It must be remarked, however, that 
neither the dishonour nor the degradation were necessarily permanent. The 
Censors next elected could reverse the sentence of their predecessors, and reinstate 
those whom they had disgraced ( notaverant ) in all their former dignities, so 
that we find examples of persons, who had been marked by Censors, rising 
afterwards to the highest offices of the state and even becoming Censors them¬ 
selves. 3 It is to be observed further, that the Nota of one Censor had no force 
unless his colleague concurred, and accordingly persons were sometimes removed 
from the Senate by one Censor and then replaced by the other; and upon one 
occasion Rome witnessed the unseemly spectacle of two Censors who mutually 
marked and degraded each other. 4 * But when the duties of the ofiice ivere 
discharged harmoniously ( concors Censurci) there was no appeal from their 
decision to any other court. On one occasion, indeed, when Appius Claudius 
(Censor B.C. 312) had displayed notorious partiality in choosing the Senate, the 
Consuls of the following year refused to recognise the new list, and summoned 
the Senate according to the previous roll— Consules . . . questi apuclpopulum 
deformatum ordinem prava lectione Senatus, qua potiores aliquot lectis prae¬ 
teriti essent: negaverunt , earn lectionem sc, quae sine recti pravique discrimine 
ad gratiam ac libidinem facta esset , observaturos: et Senatum extemplo cita- 
verunt eo ordine , qui ante Censores Appium Claudium et C. Plautium fuerat. 

Notwithstanding the assertion of Zonaras, (VII. 19,) it seems certain that the 
Censors had not the right of proposing law r s in the Comitia Centuriata. No 
doubt we find mention made of Leges Censoriae , but although this expression 
lias a twofold meaning, in no case does it denote laws in the ordinary sense. 

1. Leges Censoriae w r ere the ordinances and rules laid down by successive 
Censors with regard to the forms to be observed in performing their duties, and 
t hese at length formed a sort of code, which Censors were held bound to respect. 6 

2. Leges Censoriae is a phrase used also to denote the conditions and stipu¬ 

lations contained in the contracts entered into by the Censors on behalf of the 
public. 6 * 

III. Arrangements for the Collection of the Revenue. —One of the earliest 
taxes imposed upon the Romans was the Tributum , which, being a property-tax, 
the amount paid by each individual depended upon the value assigned to his 

1 Liv. XXIV. 18. 

2 Cic. de R ap. Non. Marcell. s.v. Ignominia p. 15. ed. Gerl. 

3 Liv. IV. 31. Cic. pro Cluent. 42. Pseud A scon, ad Cic. Div. in Q. C. 3. Val. Max. IL 
ix. 9. 

4 Cic. pro Cluent. 43. Liv. XL. 51. XLII. 10. XLV. 15. comp. XXIX. 37. 

Plin. H.N. VIII. 51. 57. XXXVI. 1. 

6 Cic. in Verr. I. 55. de N. D. III. 10. 


170 


CENSOEES. 


property. This value being fixed by the Censors, the task of making arrangements 
for the collection of the tax naturally devolved upon them ; and as the income of 
the state gradually increased, although by far the largest portion of it was derived 
from sources in no way connected with their jurisdiction, they were still intrusted 
with the extended charge. We shall reserve all details upon this subject for the 
chapter in which we treat of the Homan Revenue; but we may here state 
generally, that few of the imposts were collected directly, but were farmed out 
upon lease to contractors, who paid a fixed sum annually. The business of the 
Censors was to frame these leases or contracts, which were for a period of five 
years, and to let them out to the highest bidder. It must be understood, however, 
that the Censors had no concern whatsoever with the actual payments into the 
treasury, which were made by the contractors to the Quaestors, nor with the 
expenditure of the public money, which was regulated by the Senate, and, 
therefore, in no sense could they be said to administer the finances of the state. 

IV. Superintendence of Public I VorJcs .—When the Senate had resolved to 
execute any public works, such as highways, bridges, aqueducts, harbours, 
court-houses, temples, and the like, the Censors were employed to make the 
necessary contracts and superintend the progress of the undertakings, and hence 
the most important of these were frequently distinguished by the name of the 
Censor to whom the task had been assigned. Thus we have the Via Appia , the 

T ia Flaminia , the Aqua Appia , the Basilica Aemilia , and a multitude of 
other examples. 

Not only did the Censors take measures for the execution of new works, but 
they also made the necessary arrangements for keeping those already in existence 
m good repair, and in doing this they were said, in so far as buildings were 
concerned, sarta tecta exigere , i.e. to insist upon their being wind and water- 


I in ally, they provided various objects required for the state religion, such as 
the victims offered up at public sacrifices, horses for the games of the Circus, 
food for the Capitohne geese, and red paint for the statue of Capitoline Jove. 

kvery thing was done by contract; and we may take this opportunity of 
explammg the technical terms employed with reference to such transactions, 
the person for whom any work was to be performed by contract was said 
.care °P US faciendum; the person who undertook to perform the work for a 
stipulated payment was said Conducere s. Redimeee opus faciendum , and 
™ called Redemtor. If, after the work was finished and inspected, the person 
for whom it had been executed was satisfied, he was said opus probare , and 
foimally took it off the contractor’s hands —in acceptum retulit; but, on the 
othei hand, ir rtie work had not been executed in terms of the agreement, then— 
negavit opus in acceptum referre posse. 

The sums expended upon the objects indicated above were comprehended imder 
the general term Ultrotnbuta , and hence the Censors, in letting contracts for 

mtrfbT nCC ° f SUCh W ° rkS ’ ° r fumishing such su PP lies ? were said Locare 


^ustrHm. Condere l.ustrHii, —After the Censors had concluded the various 
t° their charge, they proceeded in the last place to offer up, on 

and thifbeinfToff! I * * * S 6 Y™ 1 pe ° p1 ?’ F** ex P iat01 7 ^orifice called Lustrum , 

• } 1 g offered up once only m the space of five years, the term Lustrum 

S ntl 7 mpl f . t0 denote that «Pace of time, the Censor to whose Z 

, f l t0 peiform this nte was said Lustrum facere s. Condere Lustrum. On 
t le da^ fixed, the whole body of the people were summoned to assemble in the 


CENSORES—PRAEFECTUS URBI. 


171 


Campus Martius in martial order, ( exercitus ,) ranked according to their Classes 
and Centuries, horse and foot. The victims, consisting of a sow, a sheep, and 
a bull, whence the sacrifice was termed Suovetaurilia , before being led to the 
altar, were carried thrice round the multitude, who were then held to be purified 
and absolved from sin, and while the immolation took place the Censor recited 
a set form of prayer for the preservation and aggrandizement of the Roman state. 

Bownfal and Gradual Bixtincffioai of the Censorship.—The Censorship 
was instituted, as we have seen above, in B.C. 443, and con turned in force, with 
a few occasional interruptions, for about four hundred years. It was first 
directly attacked by the Lex Clodia , B.C. 58, which ordained that no one 
should be expelled from the Senate unless he had been formally impeached, found 
guilty, and the sentence confirmed by both Censors. This law was, indeed, 
repealed six years afterwards, but the circumstances of the times were such as to 
render the office powerless, and during the civil wars it was altogether dropped. 
An attempt to revive it was made by Augustus, who having held the office in 
B.C. 28 along with Agrippa, caused L. Munatius Plancus and Paullus Aemilius 
Lepidus to be nominated Censors in B.C. 22, but with them the office may be 
regarded as having expired. 

The Emperors, under the title of Praefecti Morum , undertook the regulation 
of public morals and the selection of Senators, while the other duties of the 
magistracy were assigned to various functionaries. Claudius, in A.D. 48, took the 
title of Censor, assuming as his colleague L. Yitellius, the father of the Emperor 
Yitellius, and the same course was followed by Yespasian, who, in A.D. 74, 
assumed his son Titus as his colleague, while Domitian styled himself Censor 
Perpetuus. We find Censor among the titles of Nerva, but it does not appear 
again until the reign of Decius, when Valerian was named Censor without a 
colleague. 

PRAEFECTUS URBI. 1 

We have already had occasion to mention (p. 130,) that when the king was 
compelled to quit the city he committed his power to a deputy styled Praefectus 
Urbi , or, originally, perhaps, Gustos Urbis, whose office was probably perma¬ 
nent, although no duties were attached to it except in the absence of the monarch. 
During the earlier ages of the republic, when both Consuls were required for 
military service, a Praefectus Urbi w r as named by the Senate to act during their 
absence. He was, it would seem, invariably a person who had held the office of 
Consul, (consular is,') and he enjoyed during the period of his office the same 
powers and privileges within the walls as the Consuls themselves. During the 
sway of the Tribnni Militares , C. P., that individual of the body who remained 
in the city seems to have been designated as Praefectus Urbi. After the estab¬ 
lishment of the Praetorship the duties which, in the absence of the Consuls, would 
have devolved on a Praefectus Urbi were discharged by the Praetor Urbanus, 
and the office fell, for all practical purposes, into disuse, until revived in a 
permanent form under the Empire. 2 But although the magistracy fell into 
disuse for all practical purposes, it was nominally retained during the whole 
of the republic, for a Praefectus Urbi was nominated annually to hold office 
during the celebration of the Feriae Latinae. This festival was solemnized 
on the Mons Albanus , and from the period of its institution was attended by 
all the higher magistrates and the whole body of the Senate. Hence, in the 

1 The forms Praefectus Urbis and Praefectus Urbi are both found in the hest writers. 

2 Liv. I. 50. 60. III. 3. 5. 9. 24. 29. IV. 36. comp. IV. 31. 45. 59. VI. 30. Dionys. V. 75. VL 
13. VIII. 64. X. 23. 24. Tacit. Ann. VI. 11. 


172 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


earlier ages, the appointment of a Praefectus Urbi , who might take measures 
for protecting the city from any sudden attack on the part of the numerous 
enemies by which it was surrounded, was absolutely necessary ; but after all 
danger from without had passed away, the practice was retained in consequence 
of its connection with religious observances; and under the Empire, when the 
Praefectus Urbi had become one of the ordinary magistrates, another Praefectus 
appears to have been nominated for the period of the festival, who was usually 
some youth of distinction. 1 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 

M e shall now proceed to consider some matters connected with all, or with the 
greater number of, the higher magistrates of the republic, but to which we could 
not advert fully until we had discussed each office separately. 

Use Mi tag's and tfee Magistrates of the Mejattblac.— The essential distinc¬ 
tion between the regal and the republican governments, as they existed among 
the Homans, was, that under the former the whole executive power, civil, mili¬ 
tary, and religious, was vested and concentrated in the person of one individual, 
who held office for life and was irresponsible, while under the latter, the perform¬ 
ance of the most important public duties was committed, in the first instance, to 
two, and gradually to a much larger number of persons, included under the 
general designation Magistratus , who, with the single and not important excep¬ 
tion of the Censors, retained their authority for one year only, ( annul magis¬ 
tratus ,) received their appointments directly from the people, {per suffragia 
populi ,) and were responsible to them for the manner in which they executed 
the tasks intrusted to them. (Polyb. VI. 15.) The term Magistratus , let it 
be observed, denotes alike an office and an official, a magistracy or a magistrate. 

The Kings disposed of a certain amount of revenue from lands belonging to the 
state; the Magistrates of the republic received no salary for their services, but 
the different appointments being regarded as marks of confidence bestowed by 
the sovereign people were always eagerly sought after, and held to be the most 
honourable of all distinctions. Hence Honorem gerere and Magistratum gerere 
are convertible terms, and all the offices of state were comprehended in the 
single word Honores. It is true that, towards the close of the republic, the 
government of the Provinces, which fell to those who had held the chief magis¬ 
tracies, was conducted in such a manner as, in many cases, to procure vast wealth 
for the governors, but the means resorted to in order to gain this end were, for 
the most part, altogether illegal, and forbidden by a series of the most stringent 
enactments. This abuse, which affords one of the most glaring proofs of’the 
degeneracy of moral feeling among men in exalted station during the decline of 
the commonwealth, was in many cases produced by the pecuniary embarrass¬ 
ments of provincial governors, who were tempted to reimburse themselves for 
the enormous sums which they had expended, when Aediles, on public shows and 
games, (see above, p. 159,) and in direct bribery previous to their elections. 

Election Of Magistrates— All the ordinary magistrates, without exception, 
were elected by the votes of the people in their Comitia. The Consules , Prae- 
tores and Censores were elected in the Comitia Centuriata , as were also the 


1 Tacit. Ann. IV. 36. Suet. Ner. 7. Claud. 4. Capitolin. M. Aur. 4. Aul Gell XIV s 
See also Dion Cass. XLL 14. XLIII. 29. XLIX. 16. 42. LIII. 33. LIV. 17. Some p'articulars 
with regard to the Praefectus Urbis will be found in Lydus, (De Mens. 19. De Magis + r I 

'**■ ?>) but no confidence can be reposed in his statements unless corroborated bv other 

authorities. J 1 


GENERAL REMARKS ON THE HIGHER MAGISTI ATES. 


173 


Decemviri legibus scribendis and the Tribuni militum consulari potestate , all 
others, during the last two centuries at least, by the Comitia Tributa. 

Quaiiiicaiiou as to Birth. —We have already stated that no one could be 
chosen Tribune of the Plebs or Plebeian Aedile except he was actually a member 
of a Plebeian family, either by birth or by adoption. We have also pointed out 
that all the other great offices were originally filled by Patricians exclusively, but 
that the Plebeians succeeded gradually in breaking down every barrier until they 
were admitted to a full participation in all political privileges, with this positive 
advantage, that while only one place in the consulship and the censorship could 
be filled by a Patrician, both might be filled by Plebeians. After this state of 
matters was established, any Roman citizen was eligible to any public office, 
provided he was free-born ( ingenuus ) and the son of free-born parents, so that 
Libertini and the sons of Libertini were excluded; but this seems to have been 
the result of popular feeling rather than of any legislative provision, and we have 
iin exception in the case of Cn. Flavius, who although the son of a Libertinus , 
vas Curule Aedile in B.C. 304 ; (Liv. IX. 4G ;) but the feeling, under ordinary 
circumstances, was so strong that in the early ages of the commonwealth it was 
deemed necessary that the paternal ancestors of a candidate should have been 
free for two generations at least ( patre avogue paterno ingenuus .) 1 

€£ualiftcatioia as t© Age.—For more than three centuries after the expulsion 
of the kings, there was no law defining the age at which a citizen might become 
a candidate for one of the higher magistracies. 2 Men of mature years and 
extensive experience would, as a matter of course, generally be preferred; but 
although we find the Tribunes of the Plebs objecting to Scipio, on account of his 
youth, when he stood for the Aedileship— neg antes rationem eius habendam 
esse , quod nondum ad petendum legitima aetas esset 3 —their opposition proved 
unavailing, and it is clear that there was no positive enactment on the subject. 
The words of Tacitus (Ann. XI. 22) are perfectly explicit— Ac ne aetas quidem 
distinguebatur , quin primci iuventa Consulatum ac Dictaturam inirent ; and 
accordingly we find that M. Valerius Corvus was consul at the age of twenty- 
three; that the elder Scipio received an important command when twentv-four 
years old, and was consul at thirty. 4 P»ut in B.C. 180, L. Villius, a Tribune of 
the Plebs, passed a law, known as Lex Villia Annalis , which determined, in 
reference to each of the higher magistracies, the age at which a citizen was to 
be held eligible— quot annos nati quemque magistratum peterent caperentque. 
We are nowhere told expressly what the several ages were, but the case of Cicero 
is usually regarded as supplying the requisite information; for he declares that 
he had been chosen to each office suo anno, which is understood to mean, as 
soon as he was legally eligible. 5 Now Cicero, when Quaestor, was thirty-one 
years old, when Curule Aedile thirty-seven, when Praetor forty, when Consul 
forty-three. It is to be understood that the demands of the law were held to be 
satisfied if the individual was in his thirty-first, thirty-seventh, fortieth and forty- 
third years, although he had not completed them, 6 and this was, in fact, the 
case with Cicero, for his birth-day was the third of January, and he entered on 
the above offices two days before he had completed his thirty-first, thirty-seventh, 

1 Such is the inference we draw from Plin. XXXIII. 2. Liv. VI. 40. Suet. Claud. 24. 

2 Cic. Philipp. V. 17. Tacit. Ann. XL 22. 

3 Liv. XXV 2. coinp. Polyb. X. 4 . 

Liv. VII 2fi. XXVL 18. XXVIII. 43. Val. Max. VIII. xv. 5. 

6 Cic. de Off. II. 17. de. leg agr. II. 2. Philipp. V. 17. Brut 94. 

6 This principle seems to have held good generally in Roman law. See Ulpian. Digest. 
L. iv. 8. 


174 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


fortieth and forty-third years respectively. It is manifest also from the passages 
i eferred. to, at the bottom of the page, 1 that, in the time of Cicero, at whatever 
age a citizen was chosen Aedile, it was necessary that two clear years should 
intervene between the Aedileship and the Praetorship, and the same space between 

le Praetorship and the Consulship. A difficulty arises, however, with regard to 
\ e Quaestorship. Polybius, who flourished half a century after the passing of the 
Lex 4 Alia, tells us (VI. 19) that no one could hold any political office until he had 
completed ten years at least of military service. But since the regular age for 
entering the army was seventeen, we should conclude that the Quaestorship might 
be held at the age of twenty-seven, and this is confirmed by the fact, that both 
1 menus and Cams Gracchus were exactly that age when they held the office. 3 
On the other hand, we have seen that Cicero completed his thirty-first year two 

, a - >s a tei ! 16 eilter( ; d on * }ie Quaestorship. But it does not necessarily follow that 
his assertion, that he held each of the honores as soon as he was eligible— suo 
anno —is erroneous. For,— 

1. In the first place, he probably refers to the Curule magistracies alone, the 
Aedileship the Praetorship and the Consulship; indeed, we know that the 
Quaestorship was not, strictly speaking, accounted a Magistrates at all. This 
is evident from a well known passage in the speech of Cicero on behalf of the 
i lanilian Rogation, (cap. 21,) where he says that Pompeius, in virtue of a special 
dispensation from the Senate—ex Senates consulto legibus solutes—was elected 
Consul, antequam ullum alium magistratum per leges capere potidsset. But 

CR I r? e i 1 r?7 aS i 1 *i his . thirt 3 r - s ; xth when he entered on his first Consulship, 
(B.C. 70,) and therefore, under any supposition, must have been eligible for the 
Quaestorship but not for the Aedileship, which is here evidently regarded as the 
lowest office to which the term Magistrates applied. 

2. Secondly, it is highly probable that some change may have taken place after 
the time of I olybms, by which the A etas Quaestoria was advanced to thirty-one 
At ail events, circumstances were now completely changed with regard to the 
term of military service, which seems to have been almost entirely dispensed with. 
Cicero, for example, served only one campaign altogether. 

W i 1 !? e L a ? y particular age"was required by law in a candidate 
foi the Tiibunate Oi the Piebs, this office standing apart, and, as it were, inde¬ 
pendent of all others. or., ’ 

SHcce 88 io M ©fMagistracies.—(Cerfas ordo magistratuum.)-ln the earlier 
ages of the republic it was not held essential that the different magistracies should 
be held according to any fixed rule of succession, although naturally the usual 
course would be to ascend gradually from the Quaestorship, through the Aedileship 
and Praetorship, until the highest point, the Consulship, was attained (Liv. XXII. 

. ) , A ® cor t m ^ we inking violations of this arrangement noticed as 
i emarkable, but not as illegal; and, in like manner, it was not necessary that 
any stated period should elapse between two offices. Thus, nothing could be 
more irregular than the career of Appius Claudius Caecus—he was Censor (B C 
b . efor ® be bad been Consul or Praetor; he was Consul in B.C. 307 and 

SMifcnW Pra , et0 , r “ B ' C ' 295 ‘ Tiberius Gracchus was 
Gurufe Aedile B.C. 216 and Consul the year following. Q. Fulvius Flaccns 

after having been Consul and Censor, was City Praetor in B.C. 215 P Sul’ 

piciusGalba was Consul in B.C. 211, although he had not previously held any 


l £ ic * d £. 1e £- a £ r - IL 2. 18. ad fam. X. 25. 
3 Plut. Tib. Gracch. 3. C. Gracch, 1. 2. 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


175 


Curule office ; and numerous examples occur of persons holding the Praetorship 
the year immediately following their Aedileship. 1 4 

In all probability, however, the Lex Villia, when it defined the age at which 
the different offices might be held, contained provisions also with regard to a 
regular succession— certus ordo magistratuum. It is certain, as we have seen, 
that, in the days of Cicero, it was required that two clear years (biennium) 
should elapse between the Aedileship and the Praetorship, and the same space 
between the Praetorship and the Consulship ; 1 2 but it does not appear that the 
Aedileship was necessarily included in the Curriculum. The Lex Cornelia de 
Magistratibus of Sulla prohibited any one from being chosen Praetor who had 
not previously been Quaestor, and from being Consul who had not been Praetor, 3 4 
without making any mention of the Aedileship; and it would appear that the 
Tribunate of the Plebs was at all times held to be an equivalent. 

Restrictions ©n Re-election.—The duration of all the great offices, with 
the exception of the Censorship, was limited to the period of one year; but, in 
the early ages, the same individual might be re-elected to the same office for a 
succession of years, and this practice was, at one time, very common in the case 
of Tribunes of the Plebs, who, when strongly opposed in their efforts to carry 
out any important measure, were re-elected (rejiciebantur) again and again, in 
order to give them greater facilities in the prosecution of their object. As early 
as B.C. 460 the Senate passed a resolution to the effect, that the re-election of 
the same individuals to a magistracy, making special mention of the Tribunes, 
was injurious to the interests of the state— In reliquum magistratus continuari 
et eosdem Tribunos refici iudicare Senatum contra Rempublicam esse ; 4 but 
this expression of opinion appears to have been disregarded until B.C. 342, when 
Plebiscita were carried, enacting that it should not be lawful for any one to be 
re-elected to the same office until ten years had elapsed from his first appointment, 
and that no one should be permitted to hold two magistracies in the same year 
—All is Plebiscitis cautum , ne quis eumdem magistratum intra decern annos 
caper et , ncu duos magistratus uno anno gereret. 5 The latter rule did not apply 
to an extraordinary magistracy, for Tiberius Gracchus was Aedilis Curulis and 
also Magister Equitum in B.C. 216 ; 6 but it must be remembered, that during 
the sway of a Dictator the independent functions of all the ordinary magistrates 
were virtually suspended. 

Not only was it forbidden to re-elect to the same office until after a lapse of 
ten years, but, at some period before B.C. 134, a law had been passed, enacting 
that no one should hold the office of Consul twice. 7 In looking over the Fasti 
it will be seen that no example occurs from B.C. 151 to B.C. 104 of the same 
individual being twice Consul, except in B.C. 134, when a special exception av as 
made in favour of the younger Scipio. These laws, however, were altogether 
neglected after the time of Marius until Sulla revived the original regulation 
with regard to the interval of ten years, a part of which Carbo had proposed to 
repeal by a bill brought forward in B.C. 131— Ut eumdem Tribunum Plebis 
quolits vellet , creare liceret. 8 But the laws were unquestionably in force in 

1 Liv. IX. 29. 42. X. 15. 22. XXIII. 24. 30. XXV. 41. XXIV. 9. 43. XXXV. 10. 24. XXXIX. 
39. 

2 Cic. de leg. agr. II. 9. 

3 Appian. B.C. !00. 101. Cic. Philipp XI. 5. pro Plane. 21. 

4 Liv. III. 21. 

5 Liv. VII. 42 comp. X. 13. XXXIX. 39. Cic. de legg. III. 3. 

6 Liv. XXIII. 24. 30. 

7 Liv. Epit. LVI. 

S Liv. Epit. LIX. Appian. B.C. I. 100. 101. 


176 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


B,C. loo ; and hence the murder of Tiberius Gracchus was justified upon the 
plea that he was openly violating the constitution by insisting upon his own 
re-election to the Tribuneship the year after he had held it. 

Relaxation of the afoove mentioned Laws regarding ^nalificatioa._ 

Although the laws enumerated above with regard to age, the regular succession of 
offices, and re-election, were enforced under all ordinary circumstances, the people, 
ami even the Senate reserved to themselves the right of granting dispensations, in 
great emergencies, in favour of particular individuals. Persons exempted in this 
manner from the regular operation of the laws were said to be Soluti legibus , 
and to hold office Praemio legis. 1 Thus the younger Scipio was elected Consul 
at the age of thirty-eight, before he had held either the Praetorship or the 
Aedileship, and was elected Consul for a second time at a period when such a 
practice was altogether forbidden. 2 So also Pompeius was elected Consul at the 
age of thirty-six, and C. Marius, during the terror of the Cimbric war was 
Consid for the second time, B.C. 104, only three years after his first Consulship, 

(B.C. 107,) and held the office for five years in succession (B.C. 104_100 j 

So also, at an earlier epoch, in the second year of the second Punic war, the 
Senate and the Comitia Tributa agreed that the law regarding re-election should 
be suspended in regard to Consulars as long as the enemy remained in Italv. 3 

Formalities Observed in Standing Candidate for an ©face._We" hear 

of no restrictions being placed upon candidates as to the time, place, and manner 
ot declaring their wishes, until the last days of the commonwealth. The practice 
of the earlier ages, as we find it described in Livy and elsewhere, fully proves that 
no preliminary forms whatsoever were required. Persons were frequently elected 
to lugh offices who had not only refrained from offering themselves, but who were 
vuth difficulty persuaded to accept the honour thrust upon them; and if the people 
Avere dissatisfied Avith the actual competitors, they were not prohibited by law or 
usage from passing them over and selecting individuals who appeared more'worthy. 

I he attendance of a candidate on the day of election was certainly not required ■ 
xor we find many examples of persons being elected when serving with the armies 
at a distance, and on more than one occasion all the chief magistrates were 
chosen in their absence (omnes absentes creati sunt.) The first proof we meet 
with of a change m this respect occurs in the case of Catiline, who, at the time 
Avhen he was seeking the Consulship, Avas impeached of malversation in the 
province which he had governed after his Praetorship. The Consul who was to 
preside at the election, L. Yolcatius Tullus, announced that, under these circum¬ 
stances he would not allow the name of Catiline to be placed on the list of 

an « n th f ° U - gh 16 WaS ac< f ui tted when brought to trial, it was then 
tolate, foi Sallust, in narrating the circumstances, uses the expression— 
Ldhlma pecumarum repetundamm reus , prohibit" est consulatum petere quod 
mtra legitimoS' dies projjteri nequiverit— thus clearly pointing out that at the 
penod m question (B.C. 66) a candidate Avas required by law to make a formal 
announcement of his intentions a certain time before the day of election. 4 
y , S . C001K example is presented by the position of Cassar when he Avas for the 
nrst time candidate for the Consulship, B.C. 60. When the day of election was 
approaching he Avas with Ins army outside the walls, negotiating for a triumph 
and this honour he must have abandoned had he entered the city. His enemies 

IS!? Ie ?<.ManU 21. Philipp. XI. 5. Acad. IV. 1. Liv. Epit LVI 

l gj XXVII 6 Pit L ' LVL Appian - Pu,x 112 ‘ 

4 Cic. Oral, in tog. cand frag. 11. and note of Ascon. 


Sallust. Cat. 18. 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


177 


therefore threw every obstacle in the way of a decision on his claims, in order 
that he might thus be prevented from declaring himself a candidate in due form, 
and they positively refused to grant him an exemption from the Jaw. Having 
m vain endeavoured to bring- about an arrangement, he at length determined to 
sacrifice his prospect of a triumph to what he regarded as the more important 
object, and accordingly, entering the city, made the requisite announcement. 
From the words ot Cicero in reference to this matter, we learn that the shortest 
space allowed by law was a Trinundinum or seventeen days, so that no candidate 
could come forward after public notice had been given of the day fixed for the 
election . 1 

That no such law existed in B.C. 180 is certain, for in that year a case is 
recorded exactly parallel.. Q. Fulvius Flaccus having returned from Spain, was 
waiting outside the walls in hope of a triumph, was chosen Consul, and triumphed 
a few days afterwards (Liv. XL. 43.) 

The Lex Pompeia de iure magistratuum , passed by Pompeius in his third 
Consulship, (B.C. 52,) expressly declared that no one could stand candidate for 
an office when absent, ( a petitione honorum absentes submovebat ,) and on this 
law the Consul Marcellus founded his opposition to the request of Csesar, who 
was desiious to be elected Consul for the second time without quitting his troops 
in Gaul . 2 

Thus w e perceive, that before the downfal of the republic, three restrictions 
had been placed upon candidates. They were obliged— 

1. To declare themselves not less than seventeen days before the election, 
(ultra legitimos dies ,) in order probably, that the proclamation which summoned 
the assembly might contain a list of the competitors. 

2. To declare themselves in person, ( praesens projiteri ,) which could be 
done within the city only, apparently in the Forum. 

3. To appear in person at the election. 

The date of the first enactment is altogether unknown; but it may have been 
included in the provisions of the Lex Caecilia Didia. See above, p. 113. The 
third seems to have been introduced by Pompeius. The second must belong to 
some period between B.C. 63 and B.C. 60 5 for in the latter year it was, as we 
have seen, enforced against Cassar, while Cicero, in one of his speeches on the 
Agrarian law of Rullus, (II. 9,) delivered in the early part of his consulship, 
positively asserts that there was no law which required a candidate for one of 
the regular magistracies to announce himself in person. 

But although there may have been no law to enforce the presence of candidates 
until the veiy close of the republic, in the great majority of cases, the aspirants 
to public offices were not only on the spot, but were most actively engaged in 
canvassing for months before each election. 

Toga Candida. Candidati —The first intimation was made, in accordance 
with a very ancient practice, by the candidate appearing in public dressed in 
a Toga Candida , that is to say a Toga which had been artificially whitened by 
the application of chalk or some similar substance, the natural colour of the wool, 
as commonly worn, being described by the epithet Alba. Persons so arrayed 
were styled Candidati , and hence our English word Candidate. This conspi¬ 
cuous dress was forbidden by a Plebiscitum as early as B.C. 432_ Ne cui 

album in vestimentum addere petitionis liceret causa —but this ordinance must 

1 CIo. ad fam. XVI. 12. Suet. Caes. 18. Plut. Caes. 13. Appian. B.C. II. 8. comp. Macrob. 

O. 1. 10. r 

2 Suet. Caes. 28. Dion Cass. XL. 56. comp. 59. 

N 


178 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


have been repealed, or, in process of time, neglected ; for the Toga Candida is 
frequently alluded to during the two last centuries of the republic, as the 
characteristic dress; and we are assured by Plutarch that, on these occasions, it 
was customary to wear the Toga without any Tunica under it, in imitation, 
probably, of the primitive simplicity of the olden time. 1 Marked out by this 
attire from the crowd of citizens, they were wont to repair day after day to all 
places of public resort, to go round among the people, ( ambire—ambitio—con- 
cursare toto /oro,) to shake hands with them, ( prensare ,) and to recommend 
themselves as best they might." They were usually attended by a numerous 
retinue of clients and supporters, ( assidua sectatorum copia ,) who repaired to their 
dwellings at an early hour, escorted them down to the Forum, (deducebant— 
deductores ,) followed them about (sectatores) from place to place, and exerted 
all the influence they possessed mi their behalf. When the population had 
inci eased to sucli an extent that it was impossible for a candidate to know all 
the \oteis even by sight, he was accompanied by a slave termed a Nomenclator , 
whose sole business it was to become acquainted with the persons and circum¬ 
stances of the whole constituency, and to whisper such information into his 
master’s ear, when he passed from one to another in the crowd, as might enable 
him to salute each individual correctly by name, ( appellare ,) and to greet him 
as an acquaintance. ** After the social war, when the Ius Suffragii was 
extended to neaily all the free inhabitants of Italy, the provincial towns exercised 
no small influence in the elections, and hence it was found expedient to canvass 
the Coloniae and Municipia as well as Rome. 4 When party spirit ran high, and 
the competition was likely to prove keen, the principal supporters ( suffraqatores ) 
of the lival candidates were in the habit, not only of soliciting individually but 
of organizing clubs and committees, (sodalitates—sodalitia) for securing the 
i etuin of their friends, and of portioning out the constituency into sections 
{conscribere s. describere s. decuriare populum ,) so as to ensure a thorough 
canvass; and when they succeeded in obtaining pledges from a majority in any 
Century or Tribe they were said Conficere Centuriam s. Tribum. 5 It was not 
unusual for two candidates to form a coalition ( coitio ) and unite their interests 
m order to throw out (deiicere honore) a third who was likely to prove formidable 
to either singly. In this way Catiline and Antonius caballed to exclude Cicero 
(' coierant ut Ciceronem Consulate deiicerent,) Lucceius and Balbus to exclude 
Caesar; but the plan failed in both instances. 6 These and various other devices 
were accompanied, towards the close of the republic, by so many disorders and so 
much violence, that it became necessary to check them by legislative prohibition • 
but they must be regarded as pure and innocent when compared with the whole¬ 
sale bribery {ambitus) practised during the last half century. How crying this 
evil had become is sufficiently indicated by the number of laws {Leges deambitu) 
passed within a few years for the repression of the offence, each rising above its 
predecessor m the severity of the penalties denounced, and all alike ineffectual 
We shall enumerate the most important of these when treating of the adminis- 


1 Lhr.VL 25. XXXIX. 39. Polyb X. 4. Val. Max IV v 3 Pint on jo 
the Co„sSuhfpT e ° tS ° f * SP “ Ch ° f C1Cer “ To' S a Ca„iida%te n he C ,3 tov 

y 2 3 2 Varro h.L. V. § 28. Liv. III. 35. IV. 6. Cic. de Orat. L 24. Val. 

3 Cic. pro Muren. 36. ad Att IV. 1. 

4 Cic. ad Att I. 1. Philipp. II. 30. 'caes. B. G. VIII. 50. 

6 l iv ?fT > S a vv yty ?. m * n L ,C i Cic de P et cons - 5 - 

cd. Orelh Su^ S ^y &d F ' IIL L Ascon ' ad Cic - Orat. 


Max. IV. v. 4. VIL 


in Tost, '•ami p. sa 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


179 


tration of the criminal law; but at present we have only to remark that, during 
the period above-mentioned, bribery was reduced to a system—regular agents 
(interpreter) were employed, who bargained with large bodies of the voters for 
their suffrages, the money promised was, in order to secure good faith upon both 
sides, deposited until the elections were over, in the hands of trustees (sequestres) 
appointed by the parties mutually, and was eventually distributed by paymasters 
(divisores) employed for the special purpose. A most extraordinary, complicated, 
and villanous example of corruption and of meditated perjury, is to be found in 
the scheme of Memmius and Domitius, as detailed by Cicero in a letter to Atticus 
(IV. 18.) 

The technical term denoting a suitor for any office is Petitor , and the act, 
Petere and Petitio; hence the phrases Petere Consulatum , Praeturam , &c. 
In making a formal announcement of his intentions, the candidate was said 
Profiteri (sc. se petere s. se petiturum esse.) Those who were canvassing for 
the same office were termed Competitores , and when a candidate was defeated 
he was said ferre repulsam. 

Candidates under the Empire.—We have already pointed out, that, under 
the Empire, the Consuls and a certain number of the magistrates of inferior grade 
were nominated, or, as the phrase was, recommended , by the Prince, while the 
selection of the remainder was left to the Senate. The nominees of the Emperor 
were styled Candidciti Principis s. Imperatoris s. Augnsti s. Caesaris, and in 
process of time simply Candidati , while the term Petitores was applied to those 
only who solicited. the votes of the Senate. 1 Since those who held office in 
consequence of their influence at court were proud of this distinction, we find it 
frequently recorded in inscriptions that an individual had been Praetor Can¬ 
did aths—Tribunus Plebis Candidatus—Quaestor Candidatus— and 
among these is a tablet dedicated to one who had been Dm Hadriani Aug. In 
Omnibus Honoribus Candidato Imperat. 2 

The peculiar duties performed by the Quaestor Candidatus or Quaestor 
Principis have been detailed above, see p. 164. 

Magisiratus OcsipiaH. Abdicasio.—After a magistrate had been regularly 
chosen by the Comitia and returned (renuntiatus) by the president, he was 
distinguished by the title of designatus (Consul designatus; Praetor designatus , 
&c.) The election could not be cancelled unless he formally resigned, (abdi- 
cavit se magistratuQ and this resignation was always voluntary, except under 
the following cirumstances:— 

1. If it was discovered at any subsequent period that there had been any 
irregularity in observing the auspices before the Comitia, or that an unfavourable 
omen had been overlooked or wilfully neglected, then the magistrates elected at 
such an assembly were said to be Vitio creati , and immediate resignation was 
compulsory. 

2. If a Magistrate designatus was impeached and found guilty of having 
secured his election by bribery or other illegal means, he was compelled to resign! 
In this manner Sulla and Autronius, when Consules designati in B.C. 66, were 
forced to retire, while, on the other hand, the attempt made in B.C. 63 to oust 
Murena, upon a similar charge, failed. 

No magistrate under any other circumstances, whether merely designatus or 
after he had entered upon his duties, could be forcibly deprived of office. A 

1 Thus, Spartian. Sept. Sev. 3.— Praetor designatus a Marco est non in Candida sed in 
compktitorum gregk anno aetolis XXXII. 

2 Grut. C. I. L. p. CCCCLVII. comp. Velleius II. 121. Quintil. L O. VI. iii. 62. 


180 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


Dictator, indeed, might suspend his own Magister Equitum , or even a Consul ; 
but, in point of fact, during the sway of a Dictator no magistrate could exercise 
jurisdiction except by his permission (Liv. III. 29. VIII. 36.) 

Certain honours and privileges belonged to the Magistrate designati. They 
were asked their opinion in the Senate before ordinary Senators ; if called upon 
to plead in a court of justice, they spoke from the bench (de sella ac Tribunali 

de loco superiore ) and not from the bar, (ex subselliis—ex loco inferiore,) 
and they had the right of publishing proclamations (edicta) with regard to 
the manner in which they intended to discharge the duties of their respective 
offices. 

Oath Of Office.— Every magistrate was compelled, within five days after he 
entered upon office, to swear obedience to the laws, (iurare in leges,) and, in 
like manner, when the period of his office had expired and he tendered his formal 
resignation, (abdicare se magistratu—magistratum deponere ,) he was required 
to swear that he had not wilfully violated the laws, and hence the phrase 
eiurare magistratum. This ceremony took place in the Forum, on the day 
before the new magistrates entered upon office. The retiring magistrates, at least 
the Consuls, usually ascended the Rostra and delivered an oration, (, concio ,) in 
which they took a review of their proceedings while in office. It is well known 
that Cicero, when about to deliver an address, according to custom, on the last 
day of December B.C. 63, was stopped by Metellus Nepos, a Tribune of the Plebs, 
and ordered to restrict himself to the simple oath, upon which, to use his own 
words— Sine ulla dubitatione iuravi , rempublicam atque lianc urbem mea unius 
opera esse salvam .... Populus Romanus universus ilia in condone , 
meum iusiurandum tale atque tantum , iuratus ipse , una voce et consensu 
approbavit (In Pison. 3. Ad fam. V. 2.) 

Marks of Respect paid to Magistrates.— When one of the higher magis¬ 
trates, especially the Consul, appeared in any place of public assemblage, such 
as the Senate-house, the Circus, or the Theatre, where the persons present were 
seated, all were wont to rise up to do him honour, ( assurgere ,) and the same took 
place if he paid a visit to a private dwelling; when he was walking abroad in the 
streets, all who met him made way for him ( decedere de via) and uncovered 
their heads, (aperire caput,) and if on horseback, dismounted until he had passed 
by; and these marks of consideration were paid, not only by the community at 
large to the magistrates, but by the inferior magistrates to their superiors. Thus, 
the Praetor ordered his Lictors to lower their Fasces (fasces submittere) when 
he chanced to meet the Consul, and, if seated, rose from his Sella Curulis as the 
latter passed. 1 

Titles bestowed upon those who had held the great offices of State. 

—The six great offices of state being the Consulatus , Praetura , Aedilitas , 
Tribunatus , Quaestura , Censura, those who had held these offices were styled 
respectively Consulares, Praetorii, Aedilitii, Tribunitii, Quaestorii, Censorii. 
These titles originally merely stated a fact, for under the republic no one was 
ever designated as Vir Consularis , Vir Praetorius, &c. unless he had been 
regularly elected to, and had actually discharged the duties of the office indicated 
by the epithet. But an important change in this respect took place under the 
empire. After the practice of bestowing Ornamenta Considaria, Ornamenta 
Praetor in, &c. the nature of which we have explained above, (p. 139,) was 


1 See Cic. in Verr. IV. 62. in Pison. 12. Liv. IX. 46. XXIV. 44. Sallust, ap. Non Marcell 
s.v. Apertum, p. 161. ed. Gerl. Val. Max. II. ii. 4. V. ii. 9. VIII. v. 6. Suet Caes 80 Claud* 
12. Nero. 4. Aul. Cell. II. ii. 13. VII. vi. 9. Pint. C. Gracch. 3. Q. R. 10. 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


181 


introduced, not only those who had really held the office of Consul, of Praetor, 
&c. were styled Consulares , Praetorii , &c. but those also who had merely 
received the Ornamenta. These persons formed a numerous body; and although 
they wielded no real power in virtue of their titles, they formed distinct classes, 
each enjoying for life a certain amount of rank, consideration, and precedence, 
(Dignitas praetoria — D. Aedilitia — D. Tribunitia ,) similar to that possessed 
in modern times by those belonging to the different orders of knighthood. When 
an individual was admitted to such privileges he was said to be allectus inter 
Consulares , allectus inter Praetorios , &c. and thus a number of grades were 
introduced into the Senate, since a member might be Senator Consularis , or 
Senator Praetoriae Dignitatis , or Senator Aedilitiae Dignitatis , &c. In 
choosing new members of the Senate it appears to have been not uncommon to 
bestow upon them at the same time a specific rank; thus we are told that M. 
Aurelius —Multos ex amicis in Senatum allegit cum Aedilitiis aut Praetoriis 
Dignitatibus—Multis Senatoribus vel pauperibus sine crimine Dignitates 
Tribunitias Aedilitiasque concessit. (Capitolin. 10.) 

Hence the historians of the empire sometimes distinguish an individual who 
had actually held one of the great offices from a mere Titular, by designating 
the former as Consulatu functus , Praetura functus , &c.; but this is by no 
means uniformly observed. 

Insignia.— These having been specified when treating of the different offices 
separately, it is unnecessary to repeat what has been stated under each head. 

Potestas.— Every Roman magistrate was, in virtue of his election by the 
Comitia, invested with a certain amount of civil power, technically termed 
Potestas , by which he was entitled to discharge the duties of his office, and, if 
impeded, to enforce obedience to his lawful orders by fine, by imprisonment, or 
otherwise. 1 The amount of Potestas varied according to the office. Those 
magistrates who had the right of being attended by Lictors , namely, the Consuls 
and Praetors, 2 had not only the right of arresting any one who was present, 
(. Prensio ,) but they had also the right of summoning any one not present to appear 
before them and to enforce his attendance ( Vocatio .) Those, again, who were 
attended by Viatores, the Tribuni Plebis , for example, had only Prensio and 
not Vocatio. Those who had neither Lictores nor Viatores , the Quaestors for 
example, had neither Vocatio nor Prensio and therefore no summary jurisdiction. 3 

Imperiiim.—It was a fundamental principle of the constitution, that election 
by the Comitia Centuriata or the Comitia Tributa conferred Potestas only, and 
that no magistrate could take the command of an army, or hold a meeting of 
the Comitia Centuriata, which was always regarded as an assembly of a military 
character, (Exercitus Urbanus ,) until Imperium was bestowed upon him by a 
Lex Curiata, concerning which we have already spoken at length. 4 

Whatever step a magistrate took in virtue of his official authority he was said 
Pro magistratu agere, 5 and this step would be taken Pro Potentate or Pro 
Impcrio as the case might be. When a magistrate was deforced in the exercise 
of his Potestas he was said In ordinem cogi. 6 


1 The right of inflicting a fine belonged to Consuls only, until the passing of the Lex 
Aternia Tarpeia . (B.C. 454,) by which it was extended to all ordinary magistrates. Dionys. 
X 50 Cic de R II 35- Aul Gell XI. 1. 

2'lt ^unnecessary here, and elsewhere, when speaking of the ordinary working of the 
constitution, to refer to the Dictators who were, for the time being, above the laws 

3 This is very clearly explained by Varro in a passage quoted by Aulus Gellius Xlll. 1 1. 

4 See p. 117. 

6 Liv. VIII. 36 IX. 7. „ „ 

6 Liv. IlL M. VL 38. XXV. 4. XLIII. i6. 


182 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


Prorogatio imperii—A magistrate was never, under any pretext, allowed 
to retain his office, without re-election, after the expiration of a year: but 
when, by tne gradual extension of the Roman conquests, the seat of war was 
gradually removed farther and farther from the city, it was felt that it mio-ht at 
times prove both inconvenient and hazardous to recall or supersede a general 
actively engaged m important and critical military operations. These considera¬ 
tions forced themselves so strongly upon the public mind during the war against 

of e ^ ekS H a ? Pl ] ni % B - C - 327 ’) when dan ger was apprehended on the side 
of Sammum, that the Tribunes, at the request of the Senate, proposed to the 

E d’ h ^ Wh r • 6 ?° nSul Q - Publilius Phil ° ^d ceased to hold office, he 
should be armed with the same powers for the prosecution of the war as if ho 

were still Consul, and that these should continue until the war was brought to a 

pmTZuuiTr\ Tribunis est ad populum iuJpIIs 

GraecS met Thl PK ° C ° NS 1 UL ? rem !> ereret - 9 “»ad debellatum cum 
C rraecis esset. This was accordingly done, and Publilius was not only the first 

upon whom such a command was conferred, but the first Roman general who 

evei celebrated a triumph after the period of his office had expired. 1§ From this 

the e mifi? ld 2t beCam i 6 C ? mmon for the P eo P le in the Comitia Tributa to prolong 
Ue military command of a general, sometimes for six months, sometimes for a 

SVt a akW°T„ etl TM’? in the case °7“ bli]h ' s - fcr an indefinhe space"he 

second Pnnin u J," 01 e W d 1 s,10 “ ld b «>"S b t to a close During- the 

continued irwheir* c es P ec, ®, ll J’ we filld examples of the same individuals being 
continued in then command for several years in succession. 2 This prolongation 

was termed Prorogate s. Propagatio Imperii , and the phrase PrZaare 
wTeZlov^d S when C tr fUllV from Continuare Consulatum , which 

z people eIected the same individuai *° ti>e “ id p 

unif® peopIe extended Imperium in this manner, they were 

r ; ! rst00d ^ reserve to themselves, in all cases, the right of annuS 
own a °t even when a definite period had been fixed,°and in doiim- this 
they were said Abrogare Imperium , (Liv. XXVII 20 XXIX 1 o \ Cl 

lTXT SCitUm "' aS re<Il ' ired &r ‘ he ^roga^Al^ „ 3 f 

? COn r Ul was P r °l°nged, he was said rem gerere pro 
power of il l 7,,, m l° fa . r f TJ t ,e Particular service was concerned the 
Z /LeluPr s Tn b0,dWg the 0ffice; and in like m anner, when 

T7 r sw xrs ss r z 

Xo°z?»Zi7Z^zr^ " ere , formed aJ « M 

onlv whoE 7/ P TTZ la : e J y erium and Pro — applied to S 
praetor and pE J 7 th ™ offic ® ° f Consul 5 and the same holds good for Pro- 
the eldpr ' * y uaesi07 • The rule was not, however, universally observed • for 
the elder Scipio, when twenty-four years old, was sent as Proconsul into Spain' 

who ha'dVeen Consul the'prevfo^^vpnr 6 fB ‘S' 4G4) T e read (Liv - ITL 4Uhat T. Quinetius 
pro comule; but these words may be undr^oo^^ffme d nn r ° m * on ? e . wi * h a reinforcement 
Consu! havmg been detained in the city como Di mvT iy of the Consul, the 

which he was familiar when he wrote y ’RuTseoth^c who ,Ises the terms with 

Applications of the term Procomul ' B 4 the sectlon b elow, p. 194, on th a Different 

Liv. IX. 42. X. 16. 20. 22. XXIII. 25. XXIV. 10. H. XXV. C. XXX. 1. 


GENERAL REMARKS ON THE HIGHER MAGISTRATES. 


183 


although he had held no office previously; and Pompcius, at the age of thirty- 
one, was sent Pro consule against Sertorius. 1 See below, p. 194. 

The Imperium of Proconsuls and Propraetors differed, however, in some 
important particulars from the Imperium enjoyed by Consuls and Praetors while 
in office. The Proconsul or Propraetor exercised Imperium in that particular 
district or province only to which he was specially appointed, and if at any time 
he entered the city, he, ipso facto, lost his Imperium. Hence, when a Proconsul 
or a Propraetor solicited a triumph, he was obliged to remain with his army 
outside the city until his claims were considered; but if, from any cause,, he 
entered the city before the matter was decided, he at once lost his Imperium 
and became incapable of celebrating a triumph. If a triumph was voted by 
the Senate, then a special Plebiscitum was required, granting him the privilege 
of retaining his Imperium within the city upon the day of the pageant. On the 
other hand, a Consul who had received Imperium could exercise it anywhere 
without the city, and although it was suspended, as it were, each time he entered 
the city, he could enter and leave the city repeatedly without being obliged to 
apply for a renewal of his Imperium. This is well illustrated by the following 
passage in Livy, (XXVI. 9)— Inter hunc tumultum Q. Fulvium Proconsulem 
profectum cum exercitu a Capua affertur: cui ne minueretur Imperium , si in 
urban venisset , decernit Senatus , ut Q. Fulvio par cum Consulibus Imperium 

esset. ' . 

Classification of Magistrates.—Various classifications of the Roman Magis¬ 
trates have been proposed by writers upon antiquities, some of which were 
recognized by the ancients themselves. We shall notice the most important. 

lT Magistratus Ordinarii. Magistrate Extraordinarii. —The former were 
regularly elected at stated intervals, the latter were not. The principal Magis¬ 
tratus Ordinarii were the Consuls, Praetors, Aediles, Quaestors, .Tribunes of 
the Plebs, and Censors; the principal Magistratus Extraordinarii were the 
Dictator, the Magister Equitum, and the Interrex. The Decemviri legibus 
scribendis and the Tribuni Militares consulari potestate^ existed under circum¬ 
stances which prevent us from ranking them with propriety under either head, 
although, according to our definition, they would, strictly speaking, fall under 
the Extraordinarii. The Praefectus Urbi was a Magistratus Ordinarius under 
the kings, Extraordinarius during the period of the republic, and again became 
Ordinarius under the empire. 

2. Magistratus Curules. M. non Cundes. —The former, as we have had 
occasion to observe repeatedly, were the Consuls, Praetors, Curule Aediles, 
Censors, and in all probability the Dictator, the Magister Equitum, and the 
Warden of the city. To these we may doubtless add the Decemviri legibus 
scribendis and the Tribuni Militares C. P. This distinction is so far important 
that the descendants of those who had borne curule offices were Nobiles , and 

enjoyed the Ius Imaginum. See p. 67. 

3. Magistratus Patricii. M. Plebeii. —Originally all the great offices of 
state were filled by the Patricians exclusively, except the Plebeian Tribunate and 
the Plebeian Aedileship, to which, from the period of their institution down to 
the close of the republic, and even later, Plebeians alone were eligible. We have 
seen, however, in treating of the different offices separately, that, the Plebeians 
fought their way gradually until they obtained admission to all without distinc¬ 
tion, so that after B.C. 337, when the first Plebeian Praetor, Q. Publilius Plnlo, 

1 Llv. XXVI. 18. XXVIII. 43. Epit. XCI. Cic. pro leg. Man. 21. Philipp. XL 8. 


184 


CLASSIFICATION OF MAGISTRATES. 


»■* *» 

functional^ ™uch afrilTr - M 'A h ™ r ? S -— We sometimes find tlie inferior 

Trt* and the Triumviri Monetales, 
writers Minores te?, P art “’ n krfy below termed by some of the classical 

Prae^Z^SC STanl tZf 

Zln'differem bo yTT a - n<1 Mv f ra was eontemplated by other authore from 
rail r “f V T- - A work ^ Messala, quoted in Aldus Gelfe 

(°f5» «-k£t£ mAT" si f 

ri^ieia were independen“h ote soThaTVd ‘7,° "? ° f 

sssaiilis 

piSSSSHSK» 

had iliam Imperium 2 6 LUe J a ol a magistrate who 

£SS*sr,T* ra “ ,l ?• 

provinces of the magistrates. 

of thr^xIP^ be the Origin 

factory etymoloo-y it denotes wl,e ' * T ^ V et Sl,ccee( *ed in discovering a satis- 

the sphere lKetl w,t ! r / e ™<* ** a Roman magistrate, 

his office. W^^t^,iV Wa8 f' M u P° n t0 “urge the duties of 

in leading the armies of the stateZST“ S ^ oc ,° n P led ’ al ™ ost exclusively, 

appointed to conduct, or the region in ’which"? 7 ' ^ whl j h a Consul was 

, or me legion in which it was prosecuted, or the people 

2 TV,In J X . XIr * J*6. Suet. Caes. 41. 

and by Ciceroad Mt?'l£ t * SeeSVal? mL^I?*“£' j. 1 *“ the passage above referred to. 


PROVINCES OF THE MAGISTRATES. 


185 


against whom it was waged, were alike termed his Provincia. So also the 
Praetor who acted as supreme judge in the civil courts at Rome was said to have 
the Urbana Provincia; the Quaestor who superintended the exportation and 
importation ot merchandise at Ostia and elsewhere was said to have the Aquaria 
Provincia ; and, in the ordinary language of familiar conversation, Provincia 
means a duty , a task , or an occupation of any description. 1 

Arrangement and Distribution of the Provinces. —It was the prerogative 
of the Senate, under ordinary circumstances, to fix the Provinciae Consulares , 
that is, to determine where and how the Consuls should be employed in the 
service of the state ( decernere s. nominare Provincias .) When the Provinciae 
were marked out, the Consuls were generally allowed to settle with each other 
regarding their distribution, (compcirare inter se Provincias ,) or, if they could 
not come to an agreement, they decided the question by lot ( sortiri Provincias) 
—Quum Senatus , aut sortiri ant comparare inter se Provincias , Consules 
iussisset; 2 but occasionally the Senate itself assigned a particular Province to a 
particular individual, in which case that body was said dare Provinciam extra 
sortem s. extra ordinem; 3 and it sometimes assigned the same province to both 
Consuls. 4 

In the earlier ages of the republic one Consul was usually sent forth to carry 
on military operations, while the other remained to protect the city and administer 
the ordinary business of the state; when the war was of a very formidable 
character, both Consuls proceeded to the army and assumed the supreme com¬ 
mand on alternate days; (see p. 135 ;) and when danger threatened from 
different quarters the Consuls commanded separate armies, acting independently 
of each other. In every case the limits of the Province, that is, the limits within 
which the operations of the Consul were to be carried on, were strictly defined; 
and it was considered a most serious offence for a Consul to overstep the bounds 
of his own Province without express permission. 5 

We have said that it was the prerogative of the Senate to arrange and distri¬ 
bute the Provinces, and in point of fact it will be found that this was regarded 
as one of the ordinary and regular duties of that body. But since, according to 
the theory of the constitution, all power proceeded from the people, acting in their 
constitutional assemblies, it happened in times of strong political excitement, when 
party spirit ran high, that the Tribes exercised the right of assigning particular 
Provinces to their favourites, without regard to the opinion or decision of the 
Senate. Thus, although the Senate had passed a resolution that Metellus should 
continue to prosecute the war against Jugurtha during the year B.C. 107, the 
people having been asked ( rogatus ) by Manilius Mancinus, one of the Tribunes of 
the Plebs— Quem vellet cum Iugurtha helium gerere —decided by a great majority 

1 One or two examples will suffice to illustrate what has been said above— Consules T. 
Sicinius et C. AquilliuSicinio Volsci, Aquillio Hernici Provincia evenit. Liv. II. 40. 

T. Manlio Consult Etruria Provincia evenit. Liv. X. 11. 

Prae tores Provincias sortiti sunt: P. Cornelius Sulla Urbanmn et Peregrinam , quae 
duorum ante sors fuerat; Cn. Fulvius Flaccus Apuliam; C. Claudius Nero Suessulam; M. 
Junius SUanus Tuscos. Liv. XXV. 3. 

Pal. Lepide facitis. Nunc hane tibi ego itnpero Provinciam. 

Acr. Iwpetrubix, impera/or , quod ego po'ero, quod voles. 

Pal. MUitem lepide et facete et laute ludificarier. Plaut. Mil. Gl. IV. iv. 23. 

Tunc tuus pater, Corneli . UJam sibi ojficiosam Provinciam depoposcil, ut . me 

in ineo lectu/o trucidaret. Cic. pro Sulla 18. 

2 Liv. XXXVII. I. 

3 e g. Liv III. 2. VIII. 16. 

i Consulibux ambobus Italia Provincia . deer eta, i.e. they were both ordered to stay at 

home Liv. XXXIII 25. and again XXXV. 20. 

5 Liv. X 37. XXIX. 19. XXXI. 48. XLL 7. XLIII. 1. comp. XXVII. 43. XXVIII. 17. 42. 
XXIX. 17. 19. 





186 


THE PROVINCES. 


that it should be committed to Marius. In this instance it might be argued that 
Marius, being actually Consul, had a better right to the command than Metellus, 
whose Imperium had been already prolonged; but exactly the reverse took place 
m B.C. 88, for the war against Mithridates having been assigned by the Senate 
to Sulla, one of the Consuls for the year, as his Province, the Tribes were 
persuaded by Marius to cancel the appointment and bestow it upon himself, a 
procedure which led to the first great civil war. So also in B.C. 59, the people 
bestowed the command of Gallia Cisalpina and Illyricum upon Ca?sar, at the 
instigation of the Tribune Vatinius, who brought in a bill (Rogalio Vatinici ) for 
that purpose, and carried it in direct opposition to the wishes and arrangements 
of the Senate. 

Exactly the same system was followed with regard to the Provinces of the 
Praetors. It was decided usually by lot, which should act as Praetor Urbanus, 
which as Praetor Peregrinus, (hence these Provinces are frequently termed 
Sors XJrbana and Sors Peregrina ,) and then the foreign Provinces were divided 
among the remainder, or, as took place during the last century of the republic, 
when all usually remained in the city during their year of office, the lot decided 
in which court each should preside. 

Pa-oviaicia in a restricted sense.— A country or district beyond the confines 
of Italy, completely subjugated, deprived of its ‘independence, and ruled by a 
Roman governor, was termed a Provincial and when reduced to this condition 
was said technically redigi in formam Provinciae. It must be remarked that 
a conquered country was not always at once converted into a Province. Thus, 
Macedonia, although fully subdued in B.C. 1G8, did not become a Province until 
B.C. 146, and in like manner, neither Asia nor Achaia became Provinces for 
many years after they had been entirely under the control of Rome. It is to 
Provinciae in this restricted sense that we shall confine the observations made 
m the following paragraphs. 

Constitution Of Hie Provinces —When the Senate had resolved that a 
country should be reduced to the form of a Province, they commonly sent ten 
Legati 1 - or commissioners from their own body, who, in conjunction with the 
victorious general, arranged the terms of peace with the vanquished people 
detei mined the exact limits of the Province to be formed, and drew up a consti¬ 
tution, by which the future condition and government of the state was defined. 
These matters having been arranged upon the spot, were, upon the return of the 
Legati to Rome, submitted to the people in the form of one or more Rotations 
which if sanctioned, formed the Charter which regulated the powers and jurisdic¬ 
tion of the provincial governors. Of this description were the Lex Paipilia for 
Sicily, the Lex Aquillia for Asia, and the Leges Aemiliae for Macedonia; but these 
ana similar laws, although serving as the groundwork of the constitution, might 
in each case be altered, modified, and explained by new Laws, Decrees of the 
Senate, and the Edicts of the provincial governors themselves. 

Provincial Governors —These at first were Praetors, two Praetors having- 
been added, about B.C. 227, to the previous number, for the special purpose of 
acting as governors of Sicily and of Sardinia; and two more in B.C. 197, for the 
two Spains (see above p. 154.) But towards the close of the republic, the 
number of Provinces having greatly increased, they were divided into’ two 
classes, Provinciae Consulares and Provinciae Praetoriae ; and since both 
Consuls and Praetors, at this period, usually passed the whole of their year of 

1 Liv. NXXIII. 43. XLV. 16. 17. 18. Cic. Philipp. XII. 12. 


THE PROVINCES. 


187 


office in the city, they were again invested with Imperium after they had laid 
down their offices and proceeded to the different Provinces allotted to them, 
which they ruled with the titles of Proconsules and Propraetores respectively. 

The Senate determined, each year, which should be Provincial Consulares 
and which Provinciae Praetoriae , the Consuls then cast lots, or came to an 
understanding with regard to the Provinciae Consulares , and, in like manner, 
the Praetors with regard to the Provinciae Praetoriae , unless the Senate saw 
fit to make a special ( extra ordinem ) appointment, or the Comitia Tributa took 
the matter into their own hands. Generally speaking, the Consular Provinces 
were those in which there was war or the apprehension of war, either external or 
internal, while the Praetorian Provinces were those in which tranquillity prevailed 
and was not likely to be disturbed. In this manner a Province at one time 
Consular might become Praetorian, and vice versa; but changes of this kind 
seem to have been effected frequently without reference to warlike considerations. 1 
Dppajlui'c of a Proconsul or Propraetor for his Province.— When the 
time had arrived for a Proconsul or Propraetor to leave Rome for his Province, 
he received his equipments from the Senate, who decided by what number of 
Legati he was to be assisted, the amount of troops which were to be placed under 
his command, the allowance for outfit ( Vasarium ) to be paid from the public 
treasury, and all other things requisite, in voting which they were said Provin- 
ciam Ornare s. Instruere. 2 Having then received Imperium by a Lex Curiata , 
and his vows having been offered up in the Capitol, (votis in Capitolio 
nuncupatis ,) 3 he toole his departure in great state from some point beyond the 
walls, arrayed in the robe of a military commander, ( paludatus ,) his Lictors, 
twelve or six as the case might be, marching before him with Fasces and 
Secures , escorted on his way by a numerous train of friends and clients, and 
attended by his personal staff, ( Cohors Praetoria ,) consisting of his Quaestor , 
his Legati , various subordinate officers, ( Praefecti ,) clerks and secretaries, 
( Scribae ,) servants of all kinds, (apparitoresQ public slaves, ( publici servi ,) 
and a throng, who, under the general appellations of Comites , Amici , Familiares , 
hoped to share his power and benefit by his patronage. 4 He was bound to 
travel direct to his Province, the inhabitants of the towns through which he 
passed being obliged to find lodging, forage, means of transport, and to satisfy 
various other demands, which, until regulated by the Lex Iulia , frequently 
afforded a pretext for great extortion and oppression. 5 When a sea voyage was 
necessary, ships were provided by the state. 6 

Commencement and Duration of a Provincial Command.—Tile Com¬ 
mand of a governor commenced on the day when he entered his Province, or, at 
all events, on the day when he reached one of the chief towns, (Cic. ad Alt. V. 
15,) and, under ordinary circumstances, was understood to continue for one 
year only. It was, however, very frequently prolonged by a decree of the 
Senate; and even when no formal Prorogatio took place, a governor could 
remain and exercise his power until the arrival of his successor. We gather 

1 Cic. ad Att. I. 13. 16. de Prov. Cons. 7. 15. Plut. Pomp. 61. Dion. Cass XXXVII. 33. 

2 Cic. ad Att. III. 24. de leg. agr. II. 13. in Pison. 35. ad Q,. F. II. 3. Suet. Caes. 18. 

3 Liv. XLII. 49. Cic ad fam. I. 9. 

4 Liv. XXXI. 14. XLII. 49. Cic. in Verr. V. 13 ad fam. XV. 17. ad Att. VII. 2. ad. Q F. 
I. 1. Caes. B. C. I. 6. — Quos rero aut ex domesticis convictionibus, ant ex necessariis appari- 
tionibus tecum esse voluisti , gut quasi ex Coiiortk Pk»ktoria appeltari solent, horum non inodo 
facta, sed etiam dicta omnia nobis praestanda sunt. Cic. ad Q,. F. I. 1. §4. Cohort Praetoria , in 
a more limited sense, signified the military body guard of the governor. Cic. ad. fam. 
XV 4. 

5 Cic. ad Att. V. 10. 16. 

6 Cic. in Verr. V. 18. ad Att. V. 13. VI. a 


188 


THE PROVINCES. 


from what took place in the case of Cicero, that if no formal vote of Prorogatio 
had been passed, a governor might, at the end of his official year, commit his 
Province to his Quaestor or to one of his Legati and return home. But this 
was a contingency so little to be looked for that it would appear that no provision 
was made to meet it. 

Although the power of the provincial governor ceased at once on the arrival 
of his successor, lie retained his Imperium and liis Lictors until he entered Rome 
(Cic. ad Att. XI. 6. Appian. B.C. I. 80.) 

Power and Entities of a Provincial Governor.— These were partly military 
and partly civil. 

1. In virtue of his Imperium the Proconsul or Propraetor was commander-in¬ 
chief of all the troops, whether Roman or auxiliary, stationed in the Province, 
and could, in emergencies, order a local levy ( delectus provincialise) These 
forces he could employ as he thought fit, either for the purpose of repelling 
invasion from without, or suppressing rebellion within; but on no account, as 
already observed, could he quit the limits of his Province without express orders 
from the Senate. 

2. In virtue of his Imperium and Potestas , he had supreme jurisdiction in all 
causes, criminal as well as civil, and could imprison, scourge, or even inflict the 
punishment of death upon the provincials ; but Roman citizens, although resident 
abroad, had, in all criminal causes, the right of appeal ( provocatio ) to Rome. The 
law or laws by which the constitution of each Province was established usually 
settled the mode in which justice was to be administered ; 1 and a large number 
of suits were tried before local and domestic tribunals, although there seems to 
have been, in every instance, a right of appeal to the governor, who was assisted in 
his decisions by a board of assessors, termed his Consilium. For the sake of 
convenience in administering justice, a Province was usually divided into districts, 
called Conventus , and the governor made the circuit of these at least once in the 
year, holding his court in the principal town. In performing this duty he was 
said Agere Conventus. 2 

3. Besides the above duties, the Proconsul or Propraetor regulated all matters 
connected with the internal government and interests of the various towns and 
communities contained in the Province, in so far as his interference was demanded 
Qr warranted (Cic. ad. Q. F. I. 1.) 

M@nom-s bestowed oh IProvincial Governors. —When the inhabitants of 
a Province entertained feelings of attachment and gratitude towards their ruler, 
or deemed it expedient to feign such sentiments, they were wont to erect temples, 
statues and other memorials ( monumenta ) in the fora of the chief towns, they 
instituted solemn festivals to keep alive the recollection of his virtues, 3 they 
despatched embassies to Rome to pronounce his panegyric before the Senate; and 
when lie had achieved any military exploit, they subscribed money, termed 
aurum coronarium , to assist in defraying the expenses of a triumph. Such 


)3. 15, 27.) gives many details with regard to Sicily which are very 


1 Cicero (in Verr. II. 
instructive. 

2 Conventus denotes properly an assemblage of persons who have met, not by chance but 

for a fixed purpose. Hence, specially— J ^ 0Ul 

1. A n assemblage of persons in the Provinces meeting together to attend a court of 

J uotl LL. 

The day or days on which these assemblages took place. 

The place in which they were held. 

The district of which the inhabitants assembled. 

Conventus Is used also to denote an union or association of Roman citizens dwelling in a 
province. See Run s v. in the Encyclopaedic der Alther thumswissenschaft. 

3 Such were the Murcellia in Sicily, the Mucia and Lucullia in Asia. 


2 . 

3. 

4 


THE PROVINCES. 


189 


demonstrations may, in some rare instance, have been called forth by a gentle 
and paternal exercise of power ; but in later times at least, when they were most 
common, they were in general to be regarded as expressions of terror and servile 
flattery. They were frequently demanded and enforced as a matter of right by 
the most unworthy, and large sums were extorted by the corrupt and unscrupulous 
as contributions towards honorary testimonials. 1 

l.amlctl Property in the Provinces. —In a newly subjugated Province the 
whole of the landed property fell under one of two heads, it was either, 1. Ager 
Privatus , belonging to private individuals, or, 2. Ager Publicus, belonging to 
the governing body, or to different communities and corporations, the proceeds 
of which were applied to public purposes. The whole of the soil, whether Ager 
Privatus or Ager Publicus , was regarded, theoretically, as belonging, by right 
of conquest, to the victors, and entirely at their disposal. In practice, however, 
the lands of private proprietors in the Provinces were seldom confiscated by the 
Romans; but the owners were allowed to retain possession and full right of 
property on payment of a moderate land tax. The Ager Publicus , on the other 
hand, was usually regarded as part of the spoils of war, and was disposed of in 
various ways—1. A portion was frequently sold and the proceeds paid into the 
Aerarium—2. A portion was farmed out to tenants who possessed no right of 
property in the soil which they cultivated, but paid a fixed rent—3. A portion 
was frequently left in the hands of the corporation or community by whom it 
had been formerly held, but became subject to certain payments to Rome. 

Taxation and Burdens in the Provinces. —In like manner as the Ager 
Publicus in the Provinces was in most cases seized by the Romans, so they 
appropriated the revenues which had been raised from other sources in the dif¬ 
ferent countries when independent. Such were the duties levied on exports and 
imports, the profits realised from salt works, mines, and many other objects 
which would vary in different localities. 

In addition to the land-tax paid by the provincials, they were often subjected 
to a property-tax, ( Tributurn ,) which was levied from each individual in propor¬ 
tion to the amount of his means. For the purpose of ascertaining the necessary 
data, a provincial Census became necessary. To this we find many allusions in 
the classical writers, 2 and every one is familiar with the narrative of St. Luke, 
which informs us that Joseph undertook the journey from Nazareth, which 
immediately preceded the Nativity, in order that he might be registered at 
Bethlehem. 

But not only were the provincials required to pay a fixed sum in the form of 
land-tax, property-tax, and other well defined imposts, but they were liable to 
various demands of an arbitrary character, which varied for different times and 
different places. Thus they might be required to provide winter quarters for 
troops, to equip and maintain fleets for war or transport, to afford supplies for 
the table of the governor and his retinue, ( frumentum in cellam ,) and to submit 
to many other burdens which were peculiarlygalling, since they were, to a great 
extent, regulated by the discretion of their rulers, and therefore could be, and 
often were employed by them as engines of intimidation, oppression, and 
extortion. 3 

1 Cic. in Verr. II. 21. 57. 63. IV. 10. 67. pro Flacc. 15. 23. 25. 26. 40. in Pison. 37. ad Q. F. I. 
1. § 9. ad fam. III. 7. 9. Plut. Q. Flaminin. 16. 

2 e g. Cic. in Verr. II. 49. 53. seqq. Liv. Epit. CXXXIV. CXXXVII. Plin Epp. X. 83. 
112. Dion Cass. LIII. 22. 

3 Cic. pro leg. Man. 14. Div. in Q. C. 10. in Verr. I. 34. 38. II. 60. III. 5. 81. 86. 87. V. 17. 23. 
31. 38. 52. pro Flacc. 12. 14. Philipp. XL 12. 


190 


THE PROVINCES. 


Privileges enjoyed by Particular Communities in the Provinces_ 

a Ir ° VmC . e aS ,? whole was sub ject to the control of the law or laws by 

4 

«probaMlft®; J~ 

right b “‘ their “ 

or»i or‘ 'coZZL'tTZI “ Ita ? 7 ’ r 8 ! 14 be either Cohniae «t#«ro 

MuJes Z p. 88 - 90 ’ «*«*%. Coloniae 

^1Pa»3S' 

C,Zm am/r -'1 ™ 

TadtZriV! 3^“ 0f aI,eged miSC01,duCt («*»• *&■ C ™- 

from 2r texesZToTh^? eSe T f d ‘ !< ?-T comm ™ !t! ® Il’ich were exempted 

Sitz:;zlt; e Zz u B¥ s t 

u, ?ribi° r t: “r (Sr teizir art ; i 

Civitas might be lmmums without beino* Libera ' manner, a 

f C 0 T U ” it!eS Were ““P-hended 

separate and distinct from those laws whichtovided fort X^' 1 X ® 
of the province. The fact that n n;™* ^ vided for the general regulation 

imply the enjoyment of high privileges ^iT might n °r nccessaril J 

both, in virtue of its Foedus • but it SSL Jzi n g b LlUra or Immu ™, or 
was either. Civitates Sr a e r f ° lloW as a matter of course that it 

times all included in the general des^Z^T’^- Muni ?T a were some - 
generally speaking, the riglft imnhed bv A'tw C ^ ates Foederatae; but, 
simple in themselves and L rP u L l ber . tas and Immumtas were perfectly 

at the pleasLof mi £ ht * cancelled 
secured by a formal treaty nnd +tm 1 +• 011 tb ® Civitates Foederatae was 
complicated nature. ‘ } ’ ‘ * reIatl0ns established were frequently of a 

thiS^Ita tf sS& w?ic U h"S £l K T b rr The ea,Iiest Pro ™“ «• 
to Home at the dose ofhe fir t P,,„t S oX 86 ,’ ” d which was ceded 

Syracuse in B.C. “ 2 , and 0 ZZ’m B C 2 U *f If th S « of 
island. 2. Sardinia aid CorsicafSZl in B C 238 ’ 8 ‘i? W lde 

and 4 . Hispania Ulterior Thppvlf!!i • a , Hls P ama Citerior ; 

Provinces is uncertain; but i*t was probably inB°C lofT c ? nstituted 

were finally subdued. Livy, when 


THE PROVINCES. 


191 


ergo prima Romanis inita Provinciarum quae quidem Continents sint, pos- 
trema omnium , nostra demum aetate , ductu auspicioque August Caesaris 
perdomita est. 5. Macedonia , although fully subjugated as early as B.O. 168, 
was not reduced to the form of a Province until B.C. 146. 6. Illyricum , called 

also Dalmatia , about the same time as Macedonia. 7. Africa , after the 
destruction of Carthage by Scipio in B.C. 146. 8. Asia, in B.C. 129. 9. Gallia 
Transalpina , comprehending originally (B.C. 121) the country of the Allobroges 
only and the south-east corner of Gaul. In order to distinguish it from the otkei 
divisions of that country, this was sometimes termed Gallia Narbonensis or, 
emphatically Provincia. Caesar conquered the whole of Gaul and divided it 
into three Provinces. 10. Gallia Cisalpina was subdued as early as B.C. 190; 
but we are unable to fix the period when it became a Province. It ceased to be 
a Province in B.C. 43, when it was included within the limits of Italy. II. 
Achaia , although fully under the sway of the Homans after the capture of 
Corinth, B.C. 146, did not become a Province for some years subsequent to that 
date. 12. Cilicia was certainly a Province as early as B.C. 80. 13. Bithynia , 
in B.C. 74. 14. Syria , in B.C. 64, after the conquests of Pompeius. 15. Creia 

and Cyrenaica , in B.C. 63. 

Of these fifteen provinces, seven were in the year B.C. 51, Provincial 
Consulares , viz. the two Gauls and Illyricum, the two Spains, Cilicia and 
Bithynia, which now included Pontus. The remainder were Provinciae Prae- 
toriae. 

I.aws with regard to the Provinces.— In addition to the laws which 
defined the constitution of each Province separately, general statutes were passed 
from time to time, which applied to all alike. Of these the most important 
were— 

Lex Sempronia de Provinciis Considaribus , passed by C. Gracchus in B. C. 
123, which enacted that, in each year, before the election of Consuls took place, 
the Senate should determine what two Provinces were to be assigned to the 
Consuls about to be chosen, and that the Consuls after their election should, by 
mutual agreement, or by lot, decide which of these two Provinces was to be 
assigned to each. Thus, we read in Sallust (Jug. 27)— Lege Sempronia 
Provinciae futuris Consulibus Numidia atque Ltalia decretae. The object of 
this law was to put a stop to the intrigues and corrupt practices by which Consuls 
elect were in the habit of endeavouring to influence the Senate to grant them 
those Provinces which were likely to be most agreeable or most profitable, without 
regard to the interests of the public service. 1 

Lex Cornelia de Provinciis ordinandis , passed by Sulla. The provisions of 
this law known to ns were— 

1. It limited the amount to be expended by provincial communities in sending 
embassies to Home for the purpose of praising their governors. 

2. It declared that those to whom Provinces had been assigned in terms of 
the Lex Sempronia should be allowed to retain their lmperium until they had 
entered the city. Thus we find Cicero retaining his lmperium for many months 
after he had quitted his Province and returned to Italy, in the hope of being at 
length permitted to celebrate a triumph. 

3. It ordered a provincial governor to quit the Province ( decedere ) within 
thirty days after the arrival of his successor. 2 


1 Cic de Prov. Cons. 2. 3. pro Balb. 27. ad Fam. I. 7. Orat. pro dom. 9. 

2 Cic. ad fam. I. 9. III. 6. 8. 10. 


192 


THE PROVINCES. 


Lex Julia de Provinciis , passed by Julius Caesar. In this, or in the Lex 
Julia de Repetundis , it was enacted— 

1. That a provincial governor, on quitting his Province, must make up three 
copies of his accounts, and deposit two copies in the Province, ( rationes confectas 
collatasque deponere ,) one in each of the two chief towns, the third to be 
deposited in the Aerarium at Rome (rationes ad Aerarium ref 'erre.) Thus, 
Cicero tells us that, in obedience to this law, he left copies of his accounts at 
Laodicea and Apamea— lex iubebat , ut apud duas civitates , Laodicensem et 
Apameensem , quae nobis maximae videbantur , quoniam ita necesse erat , 
rationes confectas collatasque deponeremus. 

2. That, in the Praetorian Provinces, the governor should not remain beyond 
the space of one year, and in the Consular Provinces not beyond two years. 

3. That no governor should be permitted to receive Aurum Coronarium 
from his Province, until after a triumph had been actually voted him by the 
Senate. 

4. That it should not be lawful for a Proconsular governor to administer justice 
in a Civitas Libera. 

By this, or some other Lex Julia , the amount of accommodation and supplies 
to be afforded to Roman governors when journeying to their Provinces, by the 
towns and states through which they passed, was strictly specified. 1 

In B.C. 52 the Senate, in order to repress the corrupt practices which, not¬ 
withstanding the operation of the Lex Sempronia , still prevailed with regard to 
the distribution of the Provinces, passed a resolution, that no Consul or Praetor 
should be allowed to enter upon the government of a Province until five years 
had elapsed from the period when he had held office in the city; and that, in 
order to meet the demands of the public service in the meantime, all persons who 
had held the office of Consul or Praetor previous to the year B.C. 56, and had 
not yet acted as provincial governors, should be required to supply the vacancies. 
In this manner Cicero, much against his wishes, was compelled to leave Rome 
in B.C. 51, in order to act as Proconsul of Cilicia. 2 

The Provinces under the Empire.— Arrangements entirely new were 
introduced by Augustus. The whole of the Provinces were now divided into 
two classes— 

1. Provinciae Imperatoriae , which were under the direct and sole control of 
the Emperor. 

2. Provinciae Senatoriae , which were administered by the Senate. 

The Provinciae Imperatoriae comprehended all the frontier Provinces which 
required the constant presence of large bodies of troops. These armies, and the 
Provinces in which they were quartered, were commanded by military officers, 
styled Legati Caesaris or Legati Augusti , who were named by the Emperor, he 
himself being commander-in-chief of all the armies of the state. The revenues 
of these Provinces were received by imperial agents, termed Procuratores 
Caesaris , and the proceeds were paid into the private exchequer ( Fiscus ) of 
the Prince. Some of the smaller imperial Provinces, or portions of the larger 
Provinces, such as Judaea, in which the presence of a Legatus was not held to 
be necessary, were ruled by a Procurator alone. 

The Provinciae Senatoriae were those which, being in the enjoyment of long 
established peace, and removed to a distance from foreign foes, did not require 

1 Cic. de Prov. Cons. 4. in Pison. 16. 25. 37. ad fam. II. 17. V. 2a ftd Att. V. 10. 16.21. VI. 
7. Philipp. I. 8. III. 15. V. 3. VIII. 9. 

2 Dion Cass. XL. 30. 46. 56. 


THE PROVINCES. 


1 no 

1 x/>J 


any troops, except such as were employed for purposes of show or of police. 
These, as formerly, were governed by persons who had held the office of Consul 
or of Praetor; but all such governors were now, without distinction, styled 
Proconsules . 1 They were attended by Quaestors, who received the revenues 
and paid them into the public Aerarium , which was managed by the Senate. 
With the exception of military duties, the functions of the provincial Proconsuls 
under the empire were much the same as under the republic, they had the same 
external marks of honour, were attended by a numerous retinue of personal 
followers, and received equipments and allowances from the Senate. Their 
appointment was for one year, and was nominally regulated by the Senate; but 
if the Emperor thought fit to interfere, his wishes were never disputed. 2 

In addition to the ordinary imperial Legati , and the Senatorial Proconsules , 
the Emperor and the Senate conjointly sometimes granted, for a time, supreme 
power over a number of provinces to one individual. Thus, under Tiberius, the 
whole of the East was committed to Germanicus, and under Nero to Corbulo. 
With regard to the former Tacitus thus expresses himself— Turn decreto Patrum 
permissae Germanico Provincicie quae mari dividuntur , maiusque imperium , 
quoquo adisset , quam iis qui sorte aut missu Principis obtinerent 3 —where the 
word sorte indicates the Proconsuls. 

All provincial governors under the empire are frequently included under the 
general title Praesides Provinciarum; but Praeses is more frequently employed 
with reference to the imperial governors, and eventually denoted an inferior class 
of officers. Many other terms, such as Iuridici , Rectores , Correctores were 
introduced at different times; but upon these we cannot enter here. 

Changes occasionally took place in the distribution of the Provinces; but, 
according to the original division, the Senatoriae were twelve in number— 

1. Africa. — 2. Asia. —3. Hispania Baetica. —4. Gallia Narbonensis .— 
5. Sicilia .—6. Sardinia. —7. lllyricum and Dalmatia. —8. Macedonia .— 
9. Acliaia ,—10. Greta et Cyrenaica .—11. Cyprus .—12. Biihynia et Pont us. 

The Imperatoriae were also twelve—■ 

1. Hispania Lusitanica. —2. Hispania Tarraconensis. —3. Gallia Lug- 
dunensis.—4t. Gallia Belgica. —5. Noricum. —6. Pannonia. —7- Vindelicia 
et Rhaetia. —8. Moesia. —9 .Alpes Maritimae. —10. Cilicia. —11. Galatia. 
—12. Syria. 

lllyricum and Dalmatia were soon transferred to the Emperor. Tiberius 
took 4chaia and Macedonia from the Senate; but they were restored by 
Claudius. 4 

The following Provinces were subsequently added to the Imperatoriae: — 
Germania Superior et Inferior , on the left bank of the Rhine— Cappadocia 
— Mauritania — Lycia—Cottiae Alpes — Britannia — Commagene—Thracia 
— Dacia — Armenia — Arabia — Mesopotamia. 

Italia was reckoned as a province from the time of Hadrian. The position 
of JEgyptus was altogether peculiar. From the period of its final subjugation 
it was regarded as a private estate of the Emperors, rather than as a part of the 
dominions of the Roman people. It was placed under the sway of a Praefectus , 
called frequently Praefectus Augustalis , who was nominated by the Emperor, 

1 Dion Cass. LII. 23 LIII. 13. Suet. Octav. 47. Tacit. Ann. XVI. 18. 

2 Dion Cass. LIII. 13. Suet. Octav. 47. Tacit. Ann. Ill 32. 35. 

3 Tacit. Ann. II. 43. XV. 25. Velleius II. 93. So Augustus had upon two occasions, 
B.C. 23. and B.C. 16, invested Agrippa with supreme command ovsr all the Eastern 
Provinces. 

4 Tacit. Ann. I. 76. Suet. Claud. 25. Dion Cass. LIII. 12. LX. 24. 


194 


THE PROVINCES—PROCONSULS. 


and chosen from the Equestrian order. No Senator or Eques of the higher class 
was permitted to enter Egypt without receiving express permission from the 
Prince ; and Tiberius sharply rebuked Germanicus for having ventured to visit 
Alexandria without leave. The cause of these jealous regulations is briefly 
explained by Tacitus— Augustus inter alia dominations arcana , vetitis nisi 
permissu ingredi Senatoribus aut Equitibus Romanis Illustribus , seposuit 
JEgyptum, nefame urgeret Italiam quisquis earn Provinciam claustraque terrae 
ac marls , quamvis levi praesidio adversum ingentes exercitus , insedisset —and 
in another passage— JEgyptum copiasque , quibus coerceretur , iam indea Divo 
Augusto, Equites Romani obtinent loco regum: ita visum expedire , Provinciam 
aditu difficile m, annonae fecundam , superstitione et lascivia discordem et 
mobilem , insciam legum , ignaram magistratuum , domi retinere . 1 

Different applications of the term Proconsul under the Republic_ 

It may prevent confusion to bear in mind that the term Proconsul is uniformly 
employed to denote an individual who, although not actually holding the office 
of Consul, exercised in some particular locality all the powers of a Consul. We 
may distinguish four varieties of Proconsuls. 

1. Occasionally a distinguished leader who was Privatus , i.e. out of office, 
but who, at some former period, had held the office of Consul, was specially 
appointed to perform some particular duty, and was for that purpose armed with 
the same powers which he would have wielded had he been actually Consul. 
Thus, T. Quinctius, who was Consul in B.C. 465, was hastily despatched from 
Lome in the course of the following year to relieve Sp. Furius, who was besieged 
m his camp by the Aequi, and, in so far as necessary for the accomplishment of 
that object, was armed with the powers of a Consul— Optimum visum est Pro 
Consule T. Quinctium subsidia castris cum sociali exercitu mitti—(Liv. III. 
4,) and when the object was accomplished the power ceased. So also Pompeius, 
in B.C. 67, three years after his consulship, was invested by the Lex Gabinia 
with the title of Proconsul , and with very ample powers, in order that he might 
prosecute the war against the pirates (Velleius II. 31.) 

2. It happened, in some very rare instances, that a private individual, who 
had never held the office of Consul, was sent forth upon a mission as a Proconsul. 
This came to pass in the case of the elder Scipio Africanus, who, in B.C. 211, 
was sent into Spain as Proconsul at the age of twenty-four; and again in the 
case of Pompeius, who, in B.C. 76, at the age of thirty-one, before he had held 
any. of the great offices of state, was appointed Proconsul to conduct the war 
against Sertorius. See above, p. 182. 

3. When a Consul, at the close of his year of office, had his Imperium pro- 
onged, in older that he might be enabled to carry out some undertaking, (see 
above, p. 182,) he continued to command with the title Proconsul. The first 
example upon record is that of Q. Publilius Philo, B.C. 326, (Liv. VIII. 23— 
26,) and the procedure subsequently became common. 

4. Towards the close of the republic the Consuls usually remained in the city 
c urmg their year of office, and after this had expired proceeded, as Proconsuls 
to assume the government of a province. 

It will be seen that the Proconsuls who belong to the three first heads were 
officers who received extraordinary appointments in consequence of a special 
decree of the Senate, or of a Rogation submitted to the people, while the 


_! Tacit. Ann. II. 59. XII. 60. Hist. I. 11 
Dion Cass. LI. 17, LIII. 12. 


Comp. Liv. Epit. CXXXIII. 


Velleius. II. 39. 


195 


PROCONSULS—PROPRAETORS, ETC. 

Proconsuls who belong to the fourth class were, for a considerable period, 
appointed as a matter of ordinary routine. 1 

A controversy has been maintained by grammarians, both ancient and modern, 
whether it is more correct to employ the form Pro Consule in two distinct words, 
or Pr oconsul declined as an ordinary noun, or whether each is in itself correct, 
but the signification different. It is sufficient here to remark, without entering 
into details, that if we consult inscriptions and the oldest MSS. we shall find 
bom forms used indifferently by the best authors to convey the same idea, it 
being observed that Pro Consule can be employed only when the sentence is 
thrown into a particular shape. 

IntcrchajBge of the terms Consul, Praetor, Proconsul, Propraetor.— 

A Proconsul is sometimes styled Consul , as in Liv. XXVI. 33. XXVIII. 39 ; 
but this may bo merely an oversight or an inaccurate expression. 

A Proconsul is sometimes styled Praetor , as in Cic. ad Att. V. 21. ad. Earn. 
II. 17. XIII. 15.^ In this case Praetor is probably employed in its general and 
ancient signification of General or Commander (see above, p. 133.) 

On the other hand, a provincial governor is sometimes styled Proconsul , 
although he had never held any office higher than the Praetorship. Thus, C. 
Sempronius Tuditanus who was elected Praetor for B.C. 197, (Liv. XXXII. 27,) 
is soon afterwards spoken of (XXXIII. 25) as C. Sempronium Tuditanum Pro- 
consulem in Citeriore Hispania ,■ and in like manner, M. Fulvius, who was 
elected Praetor for B.C. 193, and received Hispania Ulterior as his province by 
lot, (Liv. XXXIV. 54. 55,) is called, the following year, M. Fulvius Proconsul 
(Liv. XXXV. 22.) 2 This apparent inconsistency is generally, if not always, to 
be explained by the fact that the Senate, when the condition of a Praetorian 
Piovince was such as to demand the influence and might of the highest power, 
iveie wont to invest the Praetor, who was about to take the command, with 
Pi oconsulare Imperium , thus entitling him, during the period of his government, 
to bear all the insignia and exercise all the authority of a Consul. Hence, Q. 
Cicero (the brother of the orator) who, after having been Praetor, acted as 
governor of Asia, is styled indifferently Propraetor and Proconsul , the former 
denoting the.office which he had actually held in Borne, the latter the dignity 
which he enjoyed, and the power which he possessed, in his province. 3 4 


INFERIOR MAGISTRATES UNDER THE REPUBLIC. 

In addition to the great functionaries, whose duties we have described above, 
there were a considerable number of officials who performed tasks of an impor¬ 
tant, but less dignified character. These were comprehended under the general 
designation of Minores Magistrates; * but we must carefully distinguish this 
use of these words from the more extended application of the same phrase, as 


1 It Will be gathered from what has been said above, that a Proconsul assumed the insignia 

of his office as soon as he quitted the city ; but he could exercise no power, civil or military 
except within the limits of his Province. He retained, however, both his Imperium and the 
outward symbols of his dignity until he re-entered the city. These rules applied to the 
Proconsuls of the empire as well as of the republic. The statements of Uipian are distinct 
and precis e—Proconsul ubique quidem proconsularia insignia habet statirn atque urban egtessus 
est: Potextatem autem non exercet, nisi in ea Provincia sola qune ei decreta e.s£—-and again— 
Proconsul portam Romae inpressus deponit Imperium —Uipian. Digest. I xvi 1 16 enmn Cic 
ad Att. VII. 1. 7. Liv. XLV. 35. Tacit. Ann. III. 19. b vi. «. m. comp. cic. 

2 For other examples see Cic. in Vatin. 5. (C. Cosconius.) pro Ligar. 1. CC. Considius I 
ad fam. XII II. 12. XIII 78. 79. (Cassius and Allienus.) 

XT ^2° ad F * L de Divin - L 28, Suet 0ctav - 3. comp. Velleius II. 42. 69. Cic. Philipp. 

4 Cic. de 1 egg. III. 3. Liv. XXXII. 26. XXXVI. 3. XXXIX. 16. Suet. Caes. 41. 


196 


MINORES MAGISTRATES. 


explained above, p. Ib4. Of the Minores Magistrates , in the restricted sense, 
the most conspicuous were—• 

I. Triumviri Capitales, instituted, according to Livy, about B.C. 289. 
Ihese may be regarded as police commissioners, subordinate to the Aediles. 
Among the tasks specially imposed upon them were, the charge of the gaols, 
and the execution of those criminals who were put to death in prison. They 
exercised jurisdiction, sometimes of a summary character, over slaves and pere- 
grini; their tribunal being placed beside the Columna Maenia in the Forum 
(see above, p. 17.) They appear to have presided at preliminary investigations 
In cases oi murder and other heinous offences against the person; they committed 
to prison those accused, and occasionally acted as public impeachers. They 
existed undei the earlier emperors; and we hear of them in inscriptions as late 
as the third century. 1 

II Triumviri kociurni are generally believed to have been distinct from 
t le Triumviri Capitales, and to have been specially charged with preserving 
the peace of the city by night, patrolling the streets, arresting those whom they 
found prowling about under suspicious circumstances, enforcing precautions 
against fire, and taking prompt measures for quenching conflagrations which 
mig-ht arise. There can be no doubt that this magistracy is distinctly mentioned 
by Livy at a period prior to that which he fixes for the institution of the 
1 riumviri Capitales ; but, on the other hand, the same historian, when giving 
an account of the panic which arose in consequence of the disclosures regarding 
t le Bacchanalia, details certain duties imposed upon the Triumviri Capitales 
which must have devolved upon the Triumviri Nocturni had they been separate 
officers Triumviris Capitalibus mandatum est, ut vigilias disponerent per 
urbem, servarentque ne qui nocturni coetus jierent: utque ab incendiis caveretur: 
adiutoresque Triumviris Quinqueviri uti cis Tiberim suae quisque reqionis 
aediftcus praeessent. Moreover, Triumviri Nocturni are not included in the list 
of Minores Magistrates, as they existed before Augustus, given by Dion Cassius 
although he distinctly describes the Triumviri Capitales — d! ts Tpstg 6i t<z; 
too 6u.»ktov 6Uu S ■xpwTiTctypivot. In very many cases where allusions are 
made to the subordinate police magistrates, they are spoken of simply as 
1 riumviri or Treviri, without the addition of any epithet. 2 

III. Qnatuorriri Tils in Urbe 1'urgamlis. 

IV. Bunmviri Viis extra Urbem IPurgandis. 

These must have acted directly under the orders of the Aedile 3 (see above, p. 

, J ‘ 1C / orm f, as the name implies, being charged with cleansing the streets 
within the city, the latter those in the suburbs. 3 

V. Decemviri Stlitibns Judicandis —Pomponius asserts that this court 
was established after the institution of the office of Praetor Pereqrinus , and at 
the same time with the Triumviri Capitales. Many antiquarians, however, 
believe that the board existed from a much earlier period, and that it is alluded 
to m the Lex Valeria Horatia passed immediately after the abdication of the 
Decemviri Legibus Scribendis , in B.C. 449— Ut qui Tribunis Plebis Aedilibus 

Hor. Epod. IV. 11 . ompon. Digest. I. ii. 2. § 30. Plaut. Aul. III. ii. 2. Asin. i. ii. 5 . 

5 V'raiuiJfge^'i: ?v', XX S: hwTClk p,aut - Amphit L3 - “«• 

- T*bul. Heracl. Pompon. Digest. I. ii. 2. § 30. Dion. Cass. LIV 20. 


MINORES MAGISTRATES. 


197 


Iudicibus Decemviris nocuisset eius caput lovi sacrum essct: familia ad aedem 
Cereris Liberi Liberaeque venum iret —in which case they must have been 
Plebeian magistrates. They are noticed by Cicero, but not in such a manner as 
to define the nature or extent of their jurisdiction, and the words of Pomponius 
yield no satisfactory information— Deinde quum esset necessarius magistratus 
qui Hastae praeesset Decemviri in litibus iudicandis sunt constitute By 
Augustus they were placed at the head of the Centumviri , who will be mentioned 
more particularly when we treat of the administration of justice ; but they still 
existed as a separate and independent body down to the end of the fifth century. 1 

VI. Triumviri Monetales— Commissioners of the mint, to whom the charge 
of coining money was committed. The names of individuals holding this office 
appear frequently upon coins struck very near the close of the commonwealth, 
with the addition of the letters A. A. A. F. F. denoting Auro Argento Aeri 
Flando Feriundo. Pomponius states that they were instituted at the same 
period with the Triumviri Capitales; (B.C. 289 ;) but if this be the case they 
could not have been, as he says they were, aeris argenii auri fiatores , for silver 
was not coined, according to Pliny, until B.C. 269, and gold not until a much 
later epoch. They are alluded to by Cicero (Ad. Fam. VII. 13) in a complicated 
joke, when warning his friend Trebatius against encountering the warlike nation 
of the Treviri in Gaul— Treviros vites censeo, audio Capitales esse, mallem 
auro, aere, argento essent. The number of these officers was increased by Julius 
Caesar to four, as appears from coins struck while he held sway; but it was 
again reduced to three by Augustus (Suet. Caes. 41. Dion Cass. LV. 26. 
Pompon. Digest. I. ii. 2. § 30. Plin. H.N. XXXIII. 39.) 2 

In addition to the above, who seem to have been elected regularly every year 
in the Comitia Tributa, commissioners were, from time to time, nominated for 
the performance of special tempoi*ary duties, and all of these would, for the time 
being, be ranked as Minores Magistratus. Such were the commissioners 
appointed for distributing public lands, ( agris dividundis ,) for planting colonies, 
(coloniis deducendis ,) for erecting, dedicating or repairing temples, ( aedibus 
faciundis — dedicandis—rejiciendis ,) for relieving some extraordinary pressure 
in the money market, ( Triumviri s. Quinqueviri Mensarii,') and many others, 
the nature of whose offices are sufficiently explained by the epithets employed, 
and by the narratives of the historians by whom they are mentioned. 

Augustus formed a sort of corps or board of the Minor Magistrates, which he 
termed the Vigintiviratus , comprehending the IITViri Capitales, the IHViri 
Monetales, the IVViri Viis in Urbe purgandis, and the XViri Stlitibus 
iudicandis. The members were selected exclusively from those possessed of the 
Census Equester, and admission to the body was regarded as the first step 
towards public distinction. Hence Ovid tells us — 

Cepimus et tcnerae primes aetatis honores 
Eque viris quondam pars tribus una fui. 3 

PUBLIC SERVANTS OF THE MAGISTRATES. 

I. Scribae. —The most important were the Scribae s. Scribae librarii , 4 the 


1 Pompon. Digest. I. ii. 2. § 29. Cic. Orat. 46. de legg. Ill 3. pro Caecin. 33. Orat. pro 
dom. 29. Varro L.L. IX. § 85. Suet. Octav. 36. Dion Cass. LIV. 26. Sidon. Apollin. Epp. 
I 7 II 7 

*2 For full information on the Triumviri Monetales see Eckhel, Doctrina Numorum Velerum , 


Tom. V. Cap. iv p. 61. 

3 Dion Cass. LIV. 26. Ovid. Trist IV. x. 33. „ . „„ . 

4 Varro R. R. III. 2. Tabul. Heracl. But Frontinus de Aquaed. 100. seems to draw % 
distinction between Scribae and Scribae Librarii. comp. Cic. de leg. agr. II. 13. 


198 


PUBLIC SERVANTS OF THE MAGISTRATES. 


gowmment c lerk s, a certain number of whom were attached to the Senate, and 
to all the different departments of the public service. Their duty was to take 
'he proceedings of the public bodies, to 
eveiy descnption, to keep the books and accounts (rcitiones perscribere-con- 

SlT™ te I W1 -‘ h / h - e d f ere "‘? ffi ees, to supply the magistrates withTe 
wntten foims required in transacting public business, to read over public 

neonTand m ne “ l' 16 “ urts / jllst!ce ’ and in the assemblies if the 

we reooiZt tlZ fr ■ g - rea , Van ? ty of service3 of a similar description. When 
s, , ; V “V' prlncipal ! ,ia 8' istl ' ates remained in power for one year only, 
Z m 7 ma, V of . th e“.entered upon office without any experience or previous 
knowledge oftmsiness, it is manifest that they must have depended entirely upon 

of tL S “amf tZk.rwiTfl Wh M bei "? f gaged P ermai ‘ently in the performance 
^ tiie same tasks, would be able to inform and guide their superiors. Aid of 

is description would especially be necessary in the case of the Ouaestorshin 

winch was the first step in the ascent to political power, but which musf at Uie 

same time, have demanded an extensive and accurate knowledge of a multitude 

minute details connected with the finances of the republic. This knowledge 

sysrj&a"“ l ’ “• *’*“ •* - 1 *" * 

cIais1„tfsUtr r Z 0 /ITT US ‘ hat th 7 are spoken of « a separate 

c ass m the state— Ordo Scnbarum— and were regarded as occupying a humble 

but highly respectable position in the community. 1} ° Dle 

have alread * y had occasion to describe the Lictors as the 
attendants of the Kings, Consuls, Praetors, and Dictators. They executed the 
eis of the magistrate especially where force was required, cleared the wav 

teXmY’whmXTl f 77? Whe " “ impeded publi0 bl,siness ( summovere 
loam.) \\ lien anyone foiled to pay proper respect to a dignified functionary 

^"qn^TdLmtTm ^ ^ (*^W) and h“S 

veriere nequently denotes to censure or punish. 

m Accent were messengers or orderlies, one of whom always attend^ 
ipon the higher magistrates to convey messages or commands. We hear of them 
in connection with Consuls, Proconsuls, Praetors, and the Decern'd,4 ‘ e ” 

orpin ' wer e also attendants upon the magistrates, and executed their 

the Pilh, . i V 1 ' 6 fl 0 ? ? equent ^ mentione d bi connection with the Tribunes of 
tlie 1 lebs, but we find them employed also by the Senate, by Dictators and bv 

Consuls. hen the territory of Rome extended but a short distance bevond the 
wa s, Viatores were sent round the rural districts to give notfoe t^those^s d W 
m the country of meetings of the Senate and of the Comitia. 1 & 

to ^ (1 1 ‘ eis ’ A . vere employed on all occasions when it was necessary 

to make public proclamation verbally of anv matter 7 

auctioneers, both for public and private property. 7 ^ ^ " S 

• tllS 6 ab ° V - e WGre included under the general appellation of Apparitores fthat 
is, peisons qui apparent s. parent magistratibus,) a term which may be amilied 
_o ne public servants belonging to any one class or to the whole collective]v 2 
It must, be understood that the Apparitores were all free men • manv of tiZ* 
Ingenui, a larger number, especially under the empire Libertini s ! i t ? 
were completely distinct from' the nnmereus Zee 

3 If '/l “ 8 fo"' *®’ r - d'I 3 H FronS.'debqtak'ra 1 ' ' V ' '°' 3Ua 12 ' 

SLdv.JI.5o. Cic. pro Quinct. 3. Val. Max. IX. i. 8. Tadt Ann. XHI. 27 . 


NEW MAGISTRATES UNDER THE EMPIRE. 


199 


employed in inferior capacities. The Apparitores were ranked together in 
Decuriae , each Decuria apparently comprehending those who were connected 
with one particular department and class of duties, so that the body from whom 
the Lictors of the Consuls were taken formed the Decuria Consularis , the Scribes 
attached to the Quaestors formed the Decuria Quaestoria , and so, in like manner, 
we hear of Scribae Aedilitii , Tribunitii Viatores , &c. 

They received payment for their services, 1 and kept their places for an 
indefinite period, two circumstances which at once distinguished them from 
Magistrates, properly so called, even of the humblest grade. In whom the 
appointment of these persons was vested, and according to what tenure they 
held their situations, are points on which we do not possess satisfactory infor¬ 
mation. Occasionally, at least, the Scribae certainly purchased their posts, and 
hence the expressions— emere decuriam—scriptum quaestorium comparcire —• 
decuriam quaesloriam comparcire; and the choice in some cases lay with the 
Quaestors (hence Scribam lepere .) 2 

An Accensus seems to have been nominated for the time being by the 
magistrate to whom he was attached, and to have been usually one of his own 
freedmen. 3 


NEW MAGISTRATES UNDER THE EMPIRE. 

We have seen that all the ordinary magistrates of the republic continued to 
exist in name at least for nearly three centuries after the overthrow of the free 
constitution, many of them much longer ; that they were ostensibly chosen by 
the Comitia, and that, as in ancient times, they retained office for one year only. 
They were, however, gradually deprived of all their most important functions, 
at least of all which conferred any real influence. Most of these were concentrated 
in the person of the Emperor; but it became necessary for him to possess organs 
of the high and varied powers with which he was invested, and consequently 
several new offices were instituted. The most important of these we shall notice 
very briefly, premising that the new magistrates differed in at least three essential 
points from the magistrates of the commonwealth— 

1. They were nominated directly by the Emperor, without reference to the 
wishes of the Senate or the people. 

2. No limit was fixed to the period during which they held office. This 
depended entirely upon the Emperor, who could dismiss them at pleasure. 

3. They possessed no independent authority. All their acts were subject to 
the revision and sanction of the Emperor, who could confirm, reverse, or modify 
their decisions as he thought fit. They were, in fact, merely the ministers of 
his will. 


PRAEFECTUS URBI. 

Origin of tlic Office.— The Imperial Praefectus TJrbi had little in common, 
except the name, with the republican magistrate who bore the same title. When 
Augustus was compelled to quit Rome in B.C. 36, in order to prosecute the war 
against Sextus Pompeius in Sicily, he placed the City and all Italy under the 
control of Maecenas, and again, in B.C. 31, he again imposed the same charge 
upon Maecenas in conjunction with Agrippa. In B.C. 25 he established the 


1 Cic. in Verr. III. 78. Frontin. de Aquaed. 79. 

2 Cic. in Verr. III. 79. Sueton. Vit. Horat. Schol. Juv. S. V. 3. Liv. XL. 29. Cic. pro 
Cluent. 45. 

3 cic. in Verr. III. 67. ad Att. IV. 16. ad Q,. F. L 1. 


200 


NEW MAGISTRATES UNDER THE EMPIRE. 


Prafectura Urbana as a permanent office, to be held by Consulares only, and 

Corvinus, who resigned in a few days, pleading that 
' fi .: ,r tI,e tasfc; lie was succeeded by Agrippa, Agrippa by Statilius 
’ J aurus b /h P '. so ’ wh0 discharged his duties for twenty years with 

SauLTcc ,0n ’ a “ l w in A ,- D - 32 - From that *»« forward there was a 
; a - fte V he removaI of the eWef seat of government to 
Constantinople, there was a Praefectus Urbi for each of the capitals. 1 The 

and "remcH 'Yl- 116 F‘ a ^f ec ^ s Urbi was to maintain peace and good order, 
a , y ie socia disorders produced by long protracted civil wars— 

auriiin w/mlit P otli ™ s ' m agnitudinem populi ac tarda legum 

2“» ", econmUmjmqm coerceret servitia et quod civium audacia 

Znb oLZ fo Z (TaClt l- c -> For thi8 P nr P°se he was armed with 

nubhc ranonimtv 1 ? u P pr ? s ™". and Punishment of all offences which threatened 
distanceYf •? 7’ A Jurisdiction extending not only over the city, but to the 

iudge in *1 caml„Y ml . les , beyon d ,‘ ho w . aI > s - % degrees he became the supreme 
Prince for 1 “ auses . c runinal as well as civil, except such as were reserved by the 
board Of , th «! specia l consideration of the Senate, and, with the assistance of a 

< e - Clded a “ appeals sent np from the inferior 
courts in Home, Italy, and the Provinces. He also engrossed much of the nower 

forme, y committed to the Praetors and Aediles, and, as a matter of course, dl 

and Pmh, n ,’ a who flo S W f re b ° Und *° obey his “mmands. Ulpian 

treatise flaurisi l ed “ ‘he eariy part of the third century, each wrote a 

o i fi ne i ■~f "’ Praefecti Urit. These are quoted in the Digest, (I. xii. 1 

conclrn” y a nid 10m d 0ther ( Comp!lations of Rom ™ much information 
derived. 8 d Cullstautl - y mereasing duties of the office may be 

wl'ev-ZThfZP;^’ •T'TY Wi f ed " ot only civil - bl “ aIso military 
7 ! ie was ’ 111 V11 ^ ue °f his office, the commander of the Urban ar 

Ave shalT’speah ^Ltmaf la ° r ^ divided int0 five battalions > of which 

e snau s P eak more at lai ’gc m the section on military affairs. 

PEAEFECTUS PRAETORIO. 

The Praefectus Praelorio , the general of the imperial life guards although 
discharging duties of a more simple character, was, in real power and influence 

ZmZT '°UZU fe U UrW ’ ‘he succession YoThertronewS' 

officer Slid of'il,Y c Ct W TT under his immediate command. Of this 
Sn onnflhtary Z" ^ ^ ™ S the ™ sbab say more in the 

PRAEFECTUS VIGILUM. 

to i Augastas or g ani zetl seven battalions, consisting chiefly of Libertini under the 
assigned ^** W ^ 

subordinate to'th tPrZfiZZurbfU ^ “‘ e E9 “ Ue8 ' Wh ° was hi “ self 

PRAEFECTUS ANNONAE S. REI FRUMENTARIAE. 

As emly as B.C. 440 we And a commissioner appointed under the title of 

^ ** Vu®eb TaClt AmL VL lh XIV - 41 Velleiu 3 

2 Suet. Octav. 25. 50. Dion Cass. LIV. 4. 



NEW MAGISTRATES UNDER THE EMPIRE. 


201 


Praefectus Annoncie to procure provisions for the city during a period ot scarcity. 
Towards the close of the republic, when Rome was almost entirely dependent 
upon foreign countries for corn, the importance of securing a steady supply and 
regulating the price must have forced itself upon the attention of all connected 
with the government. In B.C. 57 a law was passed by which Pompeius was 
intrusted with the charge for five years— Legem Consules conscripserunt qua 
Pompeio per quinquennium omnis potestas rei frumentariae toto orbe daretur; 
but no permanent magistracy was established for this purpose until Augustus, 
having himself undertaken the task— curam . . . frumenti populo dividundi 
ordained that for the future two Praetorii should be appointed annually to 
distribute corn to the people, and this number he subsequently increased to four. 
Eventually he confided the trust to two Consulars, and, in addition to these, 
nominated an Inspector-general of the com market, who, under the ancient 
appellation of Praefectus Annonae , held office without limitation as to time, 
was chosen from the Equestrian order, and was regarded as occupying a very 
dignified position. The office continued to exist until the downfal of the empire, 
but latterly "was held in little esteem. 1 

NEW INFERIOR MAGISTRATES UNDER THE EMPIRE. 

Curatores Tiarum. —To these Augustus committed the charge of inspecting 
and keeping in repair the military roads, (see above, p. 52,) each great line 
being intrusted to a separate individual, so that we read of Curator Viae 
Appiae , Curator Viae Flaminiae, Curator Viae Valeriae , and so on. Although 
the office did not confer any direct political power, it was regarded as very 
honourable, and was bestowed on those only who had been Consuls or Praetors. 
Besides the Curatores Viarum , there was one or more Curatores Operum 
publicorum , a Curator Aquarum, who took charge of the aqueducts,. Curatores 
Alvei et Riparum Tiberis et Cloacarurn Urbis , i.e. sewer commissioners, and 
many others. 2 

Itlagistri Vicormn.—These existed under the republic, and are spoken ot 
by Livy as holding the lowest place (inf mum genus ) among magistrates. When 
Augustus divided the city into XIVRegiones and CCLXV Vici , he placed the 
former under the general superintendence of the Praetors, Aediles, and Tribunes 
of the Plebs, the latter were committed to local Magistri , chosen from the 
humbler portion of the population; (Magistri e Plebe cuiusque viciniae lecti ;) 
but they occupied a higher position than formerly, for they now took charge of 
the fire police, of the celebration of district rites, and on certain state occasions 
were permitted to wear the Toga Praetexta , and to be attended by two Lictois. 

Curatores Urbis. s. Curatores Kegionum. —The fourteen Augustan regions 
were placed by Alexander Severus under the charge of XIV Curatores , chosen ex 
consularibus viris , who were conjoined with the Praefectus Li bi , to whom 
before this time, the general superintendence, formerly intrusted to the Praetors, 
Aediles, and Tribunes of the Plebs, had been transferred. 4 


i T iy TV 12 EDit CIV. Cic. ad Att. IV. 1. Tacit. Ann. I. 7. XI. 31. Hist. IV. 68. Plin. 
Paneiyr V .sS . Octav. 37? Dion Cass. XXXIX. 9. LII. 24. LIV. 1. 17. LV. 26. 31. 

B 2 e Suet C0 Oc S t > a 1 v 3 37. Lips. ad. Ann. III. 31. Tacit. Ann. I. 77. 79. Dion Cass. LVII. 14. 

Frontin. de Aquaed. Urb. Rom. 95. seqq. 

3 Liv. XXXIV. 7. Suet. Octav. 30. Dion Cass. LV. 8. 

4 Lamprid. Al. Sev. 33. comp. Capitolin. M. Aur. 11. 


202 


THE EMPERORS AND THEIR TITLES. 


THE EMPERORS. 

It does not fall within the limits or province of this work to investigate the 
causes which led to the downfal of the republic, nor to enumerate the various 
processes by which the free constitution was converted into a military despotism, 
nor to enlarge upon the skdl displayed by Augustus in organizing the new order 
ot things and m providing for the stability of the monarchy. It is enough for our 
present purpose to point out that under his sway the whole might of the govern- 
ment was concentrated in Ins own person, while the Comitia, the Senate, and the 
Magistrates, although retaining their ancient names and apparently discharging 
their ancient functions according to ancient forms, were, in reality, mere machines, 
whose every movement was regulated and guided by his will. The successors of 
Augustus did not deem it necessary to adhere so closely to all the details of the 
commonwealth ; but it may be gathered from what has been said in the preceding 
pages, that although the vital workings of the free constitution were completely 
pai a lysed, few of the institutions themselves were formally abrogated until the 
whole system was remodelled by Constantine. 

The powers wielded by the Emperors were all such as had been exercised by 
the legitimate authorities under the republic, although never before combined 
and concentrated m one individual, and these powers, which were understood to 
be leceived fiom the Senate, were expressed by a series of titles, which we shall 
pioceed to examine in succession. It is true that Augustus might have effected 
Ins purpose completely had he, following the example of Sulla and of Cmsar, 
accepted the name and office of Dictator Perpetuus; but the name and office of 
Dictator had been formallyabolished by law upon the death of Julius, (see above, 

LAV ! en disregarded, the very idea of a perpetual Dictator 
w as a monstrous violation of the fundamental principles of the magistracy. True 
therefore, to his determination of avoiding every thing which might give a rude 
f Lk 7 public feclm S b 7 bem te glaringly irregular and offensive, he steadily 

notTe^oLThwh ^7™ or exei ’cise any power for which a precedent could 
not be found m the ordinary usages of the commonwealth. We begin with the 

mos important of the titles indicated above, that which has ever since been 
employed by many nations of Europe to denote the highest grade of sovereignty 
. There can be no doubt that the title 'imperator properly 

signifies one invested with Impenum , and it may very probably have been 

byTLe^CuriX evei 7 general on whom Impenum had been bestowed 

reoubfic^ with ^ 7 ever ’ equ / Uy certain ’ that in those periods of the 

public with the history and usages of which we are most familiar, the title 

iZpTriZ Tut ™, a T n A 85 a * matter of oomse b ? thosc who had rece! '-«i 

impenum , but was, on the contrary, a much valued and eagerly coveted 
distinction. Properly speaking, it seems to have been in the gift of the soldiers 
who hailed their victorious leader by this appellation on the field of battle ; but 
occasionally especially towards the end of the commonwealth, it was conferred 
by a vote of die Senate. One of the earliest allusions to the former'pS 

Snmii ^ he . words ^scribed hy Livy (XXYII. 19) to Africanuswhen the 

P 7 . • ' eie desnous of styling him king —Sibi maximum nomen imperatoris 

“ d t ' qu ° se nu . lltes . sm appeUassent; but the best and most explicit testi- 
mony upon this point is to be found in Tacitus (Annal. III. 7±)-Id ouTaue 
Blac^o ti limit, ut imperator a legiombus salutaretur , prisco erga duces honore 
qui, bene gesta republica , gaudio et impetu victoris exercitus conclamabantur 
ei antque plures sim.ul Imperatores , nec super ceterorum aequalitatem The latter 
practice is stated with equal clearness by Cicero in many passages, e.«-. (Philipp 


THE EMPERORS AND TIIEIR TITLES. 


203 


si qais Hispanorum aut Gcillorum aut Thracum mille aut duo 
millia occidisset; non eum , Jiac consuetudine quae increbuit , imperatokem 
appeilaret Senatus. 

It is manifest that an honour of this kind might be bestowed more than once 
npon the same individual, and thus, on some of the coins of Sulla we read 
Imper. Iterum, on those of Pompeius M. simply Imp., on those of Caesar and of 
Scxt. lompems Imp. Iter., on those of Antonins IIIvir. Imp. IIII. After the 
pouei of Augustus was fully established, the title was very sparingly bestowed 
on personages not imperial. We find that it was granted to Tiberius before his 
adoption, and to his brother Drusus, but apparently not to Agrippa. The last 
private individual who enjoyed it was Blaesus, on whom it was conferred by 
1 menus after the defeat of Tacfarinas. 

Augustus and his successors constantly assumed this title, and inscribed it 
upon their coins, with the figures I. II. ... V. VI. . . . added according to 
cncumstances, it being understood, it would appear, although the rule was not 
stnctly adheied to, that it could be bestowed once only in the same war. The last 
Empeioi w ho inscribed it on his medals was Caracal la, if we except Imp. V. and 
Imp. X. on coins of Postumus. It occurs occasionally, but rarely, in inscriptions, 
after the age of Caracalla. We must observe that Imperator , when used in this 
sense, was always placed after the name of the individual who bore it. 

But the designation Imperator was employed under the empire in a manner 
and with a force altogether distinct from that which we have been considering. 
On this point we have the distinct testimony of Cion Cassius, (XLIII. 44. comp. 

1 o) u ho tells us that, in B.C. 46, the Senate bestowed upon Julius Caisar 
the title of Imperator , not in the sense in which it had hitherto been applied, as 
a term of military distinction, but as the peculiar and befitting appellation of 
supreme power , and in this signification it was transmitted to his successors, 
without, however, suppressing the original import of the word. Again, the same 
Cion (LII. 41) informs us that Octavius, in B.C. 29, received the name of 
Imperator , not in the ancient sense in which it was bestowed after a victory, 
but to point out that he was invested with the supreme power. See also (LIII. 
17.) Suetonius, in like manner, among the excessive honours heaped upon 
Julius Ca;sar, reckons the Praenomen Imperatoris. 

This last expression is valuable, because it points out the fact which we learn 
from medals, that Imperator , when used to denote supreme power, compre¬ 
hending in fact the force of the titles Dictator and 7iex, is usually, although not 
invariably, placed before the name of the individual to whom it is applied. & Thus 
we constantly read such legends Imp. Caes. Vespasian.—Imp. Nerva Caes. ; 
and upon a denarius of the Gens Pinaria we find Imp. Caesari. Scarpus Imp! 
where the first Imp. is applied to Augustus in his capacity of supreme ruler, the 
second to Scarpus as a victorious general. 

Xot tin frequently, however, Imperator in this sense is used as a cognomen j 
thus, we find generally on the coins of Nero, Nero Caesar Aug. Imp., more 
rarely Imp. Nero Caesar, and on the coins of Vitellius we find invariably A. 
Vitellius Germanicus Imp. ; but it may be fairly questioned, when Imp. 
occurs in this position, whether it is not intended as the military title, the more 
ambitious appellation being suppressed. Whenever a number is added this is 
unquestionably the case, as when we read on the obverse of a medal CiESAR 
Vespasianus Aug. and on the reverse Imp. XIII. 

Not unfrequently both titles occur on the same coin, one on the obverse the 
other on the reverse, as Imp. Titus. Caes. Vespasian. Aug. and on the reverse 


204 


THE EMPERORS AND THEIR TITLES. 


Imp n Y ’’ S ° ' n ^ manner lMP * Xerva Cabs. Aug. and on the reverse 

rl'^T^T Among the many honours conferred upon Julius 

i'f a G1 1G Pharsalia, the Senate voted that he should possess for 

life the powers of a Tribune of the Plebs ; and on the 27th of June B.C. 23, a 
simi ar vote was passed m favour of Augustus, and renewed regularly on the 
accession of each succeeding Emperor. 1 In virtue of this the person of the Prince 
was at all times sacred and inviolable ; he could summon meetings of the Senate, 
and could at once put a stop, by intercession, to any procedure on the part of a 
magistrate or public assembly which might be contrary to his wishes. The 
Tribunitia Potestas of the Emperor, however, differed materially in many 

respects from the power wielded by the Tribunes of the Plebs under the republic, 
and was m every respect superior. 1 ’ 

Neitll< £ 7 f ngnstus nor any of his successors ever assumed the name of 
Vmnnvnrt th e attribute Tribunitia Potestas. Indeed, all the 

eWati™ m ^ bj 5^ Patnci ans, or were, immediately upon their 
Sw’p r P ti ! a Patrician Gens, so that they could not have become 
9 ttu t violating one of the fundamental principles of the office. 2 

nn tli ini 7 Tn M 1 l f lS ' fr T the instit ntion of the magistracy, entered upon office 
on the iOth of December, and remained in office for one year only. The Tribunitia 

Potestas of the Emperors commenced on no fixed day and continued for life. 

/ 1G J , ribun \ J lebis were not allowed to absent themselves from the city 

onrfp l tn Smg M nig ! t ’r excep , t durin S the Feriae Latinae, and their jurisdiction 

t h 1 6 011 f fl 'T the T alls ‘ Those invested with Tribunitia Potestas 

withonf- fn f -i . the “ se . lves . f ™ m the clt J or from Italy for any length of time 

he a piavdeges ’ and their jurisdiction extended over the whole 
cncuit of the Roman dominions (e.g. Suet. Tib. 11 ) 

TrL2 } Jt P *5 mind alsothat whUe Emperors were invested with 
centnXf Tribuni Plebis continued to be chosen for 

t. ’ ^ a °^ e 5 P* 14o,) although their influence was merely nominal. 

It was not unusual for the Emperors to permit those with whom they were 

stTclLTtn nf ;• “Pf l ? U T 1:he “ or the individual selected to be their 

it fn,-five l Part ‘T te 111 the Inbumtla Potestas. Thus, Augustus bestowed 

five vies on T-h n - g 7 P f’ ? nd prolonged it for an additional five years; for 

renewed a? b th ? P eriod 1,ad ex P ired & "’as <*°* iuimediatelv 

for ten vears f 1,1 1 ' ° f ?! 1S gra ? dson ’ howeTer >was again given to Tiberius 

Vesmsian on Tb sab * < > uentl 3' c " nt ! nued - Tiberius bestowed it on his son Drusus, 

Anton n?s ’ Nerva 0n Trajan ’ Had rian on Aelius, and subsequently on 

Antoninus. It is unnecessary to multiply examples. 3 * 

whom 6 if P ? testa l was . considered to be in the gift of the Senate, by 
the Finnpyn \ J conferred on each new occupant of the throne, and when 

special reouest To G • iat ff . lt s 10ldd he bestowed on another, he always made a 
Dion CncJLe to i a ehect So completely was this form established, that 

assumed thp tiTlp 11 ^ , cen ® ures . Pa gahalus as guilty of indecent haste, because he 
assumed the title without waiting for the resolution of the Senate. 4 

aboveT' [ Ta\ ?,, lready spo ¥ n of . the Consulship under the empire, (see 

’ P’ ' ^ ,nd 0 t ie manner in which the Emperors assumed it at pleasure. 

1 1»#■£%& r “■ **• A- *• «• ’• «n. *. 


THE EMPERORS AND THEIR TITLES. 


205 


The name implied no powers which they could not exercise as Imperatores or in 
virtue of the Tribunitia Potestas , and therefore it was not thought necessary to 
include it among the permanent titles of the supreme ruler. Dion Cassius indeed, 
asserts (LIV. 10) that Augustus received the Consularis Potestas for life, (ryu 
i^ovaiccv Tvji/ tuv vttxtuv duz fitov gXce/Bez/,) but this seems to refer rather to 
the dignity which he enjoyed, and the right of being attended by twelve Lictors 
than to any actual title. 

Cctssor.—We have stated above (p. 171) that after B.C. 22 the office became 
virtually extinct. Claudius, however, Yespasian with Titus for his colleague, 
Domitian, and Nerva, each received the title; but other Emperors were con¬ 
tent with exercising the Censoria Potestas under the designation of Praefecti 
Morum , (although Trajan refused even this appellation,) or styled themselves 
Censores merely while actually engaged in performing the duties of the Regis¬ 
tration. 1 Thus, we are told of Augustus— Recepit et morum legumque regimen 
aeque perpetuum: quo hire quamquam sine Censurae honore Censum tamen 
populi ter egit, primum ac tertium cum collega , medium solus (Suet. Oct. 27)— 
and on the Monumentum Ancyranum we read —Senatum ter legi. 

Proconsul. Proconsular*; Imperium.— Although the title of Proconsul 
does not (with one or two very dubious exceptions) appear upon the medals of 
the Emperors until the time of Diocletian, it is certain, from historical records 
and other monuments, that they were regularly invested with Proconsulare 
Imperium. 

Dion Cassius relates (LIII. 32) that among other honours conferred upon 
Augustus, in B.C. 23, it was decreed that he should possess the Proconsulare 
Imperium for ever, (p yspovvict toazsv xvtu rqu dpxviv tviv civdv7rxrov eaxel 
xx0oi7rx^ f^g/w,) that it should not cease when he entered the Pomoerinm, that 
it should not be necessary to renew it, and that, in each Province, this Imperium 
should be considered superior to that of the actual governors of the Provinces. 
Moreover, we are told by Capitolinus (Yit. Anton. Pii.) that Antoninus Pius, 
after his adoption by Hadrian —factus est in Imperio Proconsulari et in 
Tribunitia Potestate conlega ; and there can be no doubt, although the fact is 
not specified in every particular case, that each Emperor, on his accession, was 
invested with the Proconsulare Imperium on the same terms as when it was 
originally bestowed on Augustus. 

With regard to the object gained by this appellation it may be observed, that 
although the title Imperator , when used as a Praenomen, gave to the possessor 
supreme command over all the armies of the state, and hence absolute power 
both at home and abroad, both within and without the city, yet since there were 
certain Provinces nominally under the control of the Senate, whose governors, 
termed Proconsuls, were appointed by the Senate, and whose revenues were paid 
into the public Exchequer administered by the Senate, it was considered expedient 
to bestow upon the Prince a title implying powers which should place beyond all 
doubt or question his authority over the ordinary magistrates of the Senatorial 
Provinces, as well as over the officers of the Imperial Provinces. This Procon¬ 
sulare Imperium of the Emperors differed from the powers granted to ordinary 
and extraordinary Proconsuls under the republic (see above, p. 194) in several 
important points— 

1. It was universal, extending, without restriction, over every part of the 
empire. 

1 Dion Cass. LIII. 17. 18. LIV. 10. 10. 30. Suet. Oct. 27. 38. 30. Cal. 16. Claud. 16. Vesp. 8 . 
6 . Tit. 6 . Dom. 18 Tacit. Ann. II. 33. 48. IV. 42. XI. 13. 25. XII. 4. 52. Hist. I. 9. 


206 


the emperors axd their titles 


2. It was not for a limited period, but perpetual, requiring no renewal 
condition is,^n kc”TOmprlOTdedhl n tb?fi Wi J h rt -'“i Pomoerium • This last 

exercise the ProcZulare lierium7Z7 pelmitted to 

Claudius -SenatusKbZs c7J Z , the walls ! thus > at ‘he request of 
iniret , aique interim desianatus'Prnr ^Z 10 a r :Xaih \ ann <> consulalum Nero 
(Tad . Ann! HI U ) Id % P ^Z nSUlarePn P erium *rbem baberet; 
Antoninus -Tribunill PoleZal l^T*’ "T“ “ s > b T “>e «re of 
sulari addilo (Capitolin. Vit. M. Anr.fi ) ** ’ Impen0 exlra uriem Procon- 

*«*“ Iteating of the 

peiformed by this priest it will be snffioV t ° P 0sltl0il occupied and the duties 
that he was regarded as the chief • K re8en *!° state - in general terms, 

nient, and as “ 7' 10le eccteias “ establish-’ 

The office was forlife^ and Lenid!f, W' over a11 «*■*» sacred, 

continued to retain it after he had been eSratTfoBC*36 
power and banished to Circeii. Upon his death, howeve^ B c U /, 

the following year agreed to accept this dignity, which ever after!•!’ All S“ st “ s 
conferred upon each new Emperor by a vote of H o i \ aH was regularly 
the Emperors, during the first twn Iwiti ,• e Senate. Although many of 
and the titles of Imperator, Augustus and^’, granted the Tribunitia Potestas , 
with themselves in the administration of nnhfiff -° th .° Se whom the A associated 
circumstances could there he more £ 1, p 1 ”’-? wa L heId that -^er no 
principle was never violated until Balhinm 1 l '^!'A :X Maximus, and this 
Emperors by the Senate f A D 2S7 I wl.n i Vi' Tnptenus wc re named joint 
time forward no attention was pffd to title ' From this 

assumed a colleague he permitted him to be styled PmUPx llfaT* “’ e 

Augustus. Of this we have examples in the younge/Philho ZZF ' “ 

Cannus, and m many others n mnu h a J r db 111 Volusian, in 

proclamation of Galerhis Maximian wi ?’°^ thei . r medals i and in a * 
A/a X Xr US IUmSelf ’ C ° nStantinUS a “ d Licinius ™ au'design^d' PoMi/c'es 

of all the four great corporations of nriesi? i • / •!, laximus, became members 

‘“ "jar so™-:.,, w? 

'•***’- Claudius, was, by a decree of the Senate 
admitted a supernumerary member of all 
the four colleges, as appears from the coin 

W f annex a cut ’ which represents 
upon the obverse a youthful head of Nero 

_ " lth the legend Neko Claud. Caes’ 

and was 

-no peculiar and emphatic title, dec’reed, 





THE EMPERORS AND THEIR TITLES. 


207 

Augustus, an epithet properly applicable to some object demanding respect and 
veneration beyond what is bestowed upon human things — 

Scincta vocant Augusta patres, Augusta vocantur 
lempla, sacerdotum rite dicata manu. 

This being an honorary appellation, analogous to the epithets Torquatus , Felix , 
Magnus, Plus , &c. bestowed upon Valerius, Sulla, Pompeius, and Metellus, it 
would, as a matter of course, have been transmitted by inheritance to his 
unmediate descendants. Hence it was at once assumed after his decease by 
liberals, his adopted son; and Livia, having been adopted by the will of her 
husband, took the names of lulia and Augusta. 

In like manner, it was rightfully assumed by Cains Caligula, he being the 
adopted grandson of Tiberius; but he set the first example of departing altogether 
i°m ^lea that it was a title hereditary in the Julian line, by bestowing it 

upon his mother Antonia, who neither by blood nor adoption was a member of 
that stock. 

Claudius, although he could not be regarded as a descendant of Octavianus, 
assumed, on Ins accession, the title of Augustus, and his example was followed 
by all succeeding rulers, (Vitellius alone having for a while hesitated,) who 
communicated the title ot Augusta to their consorts, and this was carried 
so far that Domitilla, the wife of Vespasian, was styled Augusta in medals 

struck after the elevation of her husband, although she died while he was still a 
subject. 

I he title of Augustus was sometimes bestowed by the Emperor upon a second 
P® 1 .?® 11 ’ " ho was thenceforward regarded as a colleague in the empire, although 
still inferior to the individual who bestowed it. Thus, M. Aurelius shared the 
distinction first with his adopted brother, L. Verus, and then with his son, 
Commodus. So also Septimius Severus associated with himself, first his eldest son 
Caracaha and subsequently his younger son Geta also, so that towards the close 
o his icign there were three Augusti. In these and similar cases the Augusti 
did. not really possess the same authority; but the peculiar circumstances under 
which 13albinus and Pupienus were elevated to the throne, placed them upon an 
absolute equality. The system introduced by Diocletian was a complete departure, 
both in theory and practice, from the former constitution; for he established 
several Augusti and several Caesares , who were entirely unconnected with each 
other by ties of relationship. 

C0E8ar — Caesar wa s originally a cognomen belonging to the Gens Mia, it 
was assumed by Octavianus after his adoption by Julius Caesar, was transmitted, 
in like manner, by Octavianus to his three grandsons, Cains, Lucius and Agrippa, 
and to his step-son and son-in-law Tiberius. By the latter it was communicated 
to his son Drusus, and to his adopted son Germanicus, and by Germanicus to his 
own sons, among whom was Caligula. Thus far the succession was perfectly 
regular, all the individuals by whom it was assumed being, according to Roman 
law and usage,^ regarded as members of the Gens lulia. But it did not of right 
appertain to Claudius, and, in fact, he never bore the name until after liis 
accession; but still he and his adopted son Nero were regarded as belonging to 
the Julian line in consequence of their connection with Augustus—the paternal 
grandmother of Claudius being Livia, the wife of Augustus, and his maternal 
grandmother being Octavia, the sister of Augustus. 

. Nero all traces of the Julian stock disappeared, and yet Galba, imme¬ 
diately upon his accession, assumed the name of Caesar , his example was followed 


208 


THE EMPERORS AND THEIR TITLES. 


by Otlio, and subsequent Emperors, as a matter of course, assumed the appella¬ 
tions of Augustus and Caesar , with the exception of Vitellius, who assumed the 
former after considerable hesitation, but steadily refused the latter. 

After the elevation of Vespasian it became customary for Emperors to bestow 
the title of Caesar on the individual whom they destined for their successor, 
either adding or withholding as seemed fit to them, the additional honour of the 
title Augustus , the Tribunitia Potestas , and other designations, and conferring 
upon them a greater or smaller amount of real power according to their pleasure. 
Thus, L. Aelius Verus, when adopted by Hadrian, became Aelius Caesar , and 
received the Trib. Pot. Commodus received the title of Caesar from his father 
when five years old, A.D. 166, in A.D. 177 he was invested with the Trib. Pot. 
and the Consulship, and with the titles of Augustus and Pater Patriae. 

The system introduced by Diocletian need not be detailed here. 

Princeps. —Under the republic the senator whose name was placed first upon 
the roll of the Censors was styled Princeps Senatus , a title which was regarded 
as in the highest degree honourable, but which conferred no power nor privilege. 
In B.C. 28, Octavianus, when Censor along with Agrippa, became Princeps 
Senatus , and with the feigned moderation which so strongly stamped his 
character, selected this ancient constitutional expression as the appellation by 
which he was to be distinguished— Lepidi atque Antonii arma in Augustum 
cessere , qui cuncta discordiis civilibus fessa nomine Principis sub imperium 
accepit. 1 From this time forward the term Princeps , the addition Senatus being 
usually omitted, is perpetually employed by historians and in inscriptions to 
designate the Emperor. 

Princeps Iuventutis.— In the earlier ages of the republic, when the Equites 
were composed of the flower of the nobility, it was customary to designate them 
as a body under the complimentary appellation of Principesluventutis (Liv. XLII. 
61.) This term would appear to have gradually fallen into desuetude as the 
Or do Equester assumed a distinct form and lost its military character. We 
certainly have no evidence that it was ever applied as a mark of honorary 
distinction to one or two individuals, until we read in Tacitus (Ann. I. 3) that 
Augustus was most eager that his grandsons Caius and Lucius should be styled 
Principles Iuventutis , and learn from medals that they actually received this 
distinction. From this time forward the title of Princeps Iuventutis was 
frequently bestowed upon the person marked out as the heir of the imperial 
dignity, or on some one otherwise closely connected with the imperial family. 
Thus, it was borne by Nero from the time of his adoption by Claudius; by Titus; 
by Domitian, without any other title until the death of his brother; by Com¬ 
modus, and by many others. 

It was not, however, assumed by any Emperor until the days of Gordian III. 
who united it with Augustus on his coins; but from this time forward it occurs 
very frequently upon the medals of reigning sovereigns. There are, it is true, 
a very few examples before Gordian III., but these are ascribed by the best 
numismatologists to mistakes on the part of the moneyers. 

leaser Pairiae s. Parens l*airiae.— Romulus, when snatched from earth 
to. heaven is said to have been hailed as Parens Urbis Romae , words which 
might be applied to him in a literal sense as founder of the city. Camillus, after 
he had recovered Rome from the Gauls, was, according to Livy, (V. 49,) styled 
Romulus ac Parens Patriae conditorque alter Urbis; but the first individual, 
belonging to an epoch strictly historical, who received this title was Cicero, to whom 

1 Tacit. Ann. I. 1. comp. Dion Cass. LTIL 1. 


THE EMPERORS AND THEIR TITLES. 


209 


it was voted by the Senate after the suppression of the Catilinarian conspiracy. 
It was bestowed upon Julius Caesar after his victory in Spain, B.C. 45, and it 
appears for the first time on a medal of Augustus struck about B.C. 2. From 
this time forward it seems to have been offered to every Emperor immediately 
upon his accession, and was either at once accepted, or deferred, or altogether 
rejected, according to the temper and feelings of the individual. It was steadily 
refused by Tiberius; it is not found upon the coins of Galba, of Otho, and of 
Vitellius, which may be perhaps ascribed to the shortness of their sway ; by M. 
Aurelius it was not adopted until the fifteenth year of his sovereignty, and 
consequently never appears upon the money of his colleague L. Yerus. The 
general practice seems to have been to accept the distinction forthwith, and 
hence it ranks among the ordinary titles of constant recurrence from the com¬ 
mencement, or nearly the commencement of each reign. 

Pius. Felix. —The epithet Pius was bestowed, under the republic, upon 
the son of Metellus Numidicus, somewhat later upon Sextus Pompeius, and 
perhaps upon others also. Caligula, as we are informed by Suetonius, 
(Calig. 22,) desired to be distinguished by this appellation; but the first 
Emperor on whom it was regularly conferred was Antoninus. It was assumed 
by Commodus; Septimius Severus decreed that it should belong to himself and 
to his sons; and thus it gradually became one of the ordinary titles of the 
Augusti. 

Felix was first connected with the name of Sulla, and among the Emperors, 
first adopted by Commodus. After Commodus, the first who combined the 
# epithets Pius and Felix was Caracalla, who used them sparingly; they occur 
frequently on the monuments of Elagabalus, and after his time were introduced 
conjointly among the ordinary and regular designations of the sovereign. 

Pius and Felix were never combined with the simple Caesar , except in the 
case of Carinus, who is styled on a medal M. Aur. Carinus. P. F. Nob. Caes. ; 
but we know that Carinus had sometimes Imperator prefixed as a praenomen 
to his Caesar. 

Dominus. —The appellation Dominus , which properly implies, the master 
of a slave , was rejected with real or feigned disgust by both Augustus and 
Tiberius. 1 Caligula w r as the first who permitted himself to be addressed by 
this invidious designation; but as early as the reign of Claudius the term was 
applied in society as an expression of courteous civility even to persons not 
imperial, and hence it is not surprising that it is constantly employed by Pliny 
in his correspondence with Trajan. As early as the age of Antoninus Pius we 
find Kon Greek coins; and on a medal of the colony of Antioch in Pisidia, 
bearing the heads of Caracalla and Geta, we read Vict. DD. NN. ( Victoria 
Dominorum Nostrorum .) But no example of this title appears upon money of 
a Roman stamp until the time of Aurelian, who first suffered the legend Deo et 
Domino Nostro Aureliano to appear upon his coinage, and his example was 
followed by Cams. D. N. ( Dominus Noster ) is used as a sort of praenomen on 
the pieces of Diocletian and Maximianus, after they had resigned the empire; 
thenceforward the term became common as a praenomen, applied, however, in 
the first instance more commonly to the Caesars; but from the time of the sons 
of Constantine, was introduced on the imperial coins as a substitute for Imperator, 
which fell into disuse. 

Dcus. Dims.—Even under the republic, altars and temples were erected 
and sacrifices were offered by the provincials, especially the Greeks, in honour 
1 Dion Cass. LVII. 8. Suet. Tib. 27. 24. Tertull. Apolog. 34 

P 


210 


THE EMPERORS AND THEIR TITLES. 


wkb 1n£I e a^° rS ' AS a mat ! er ° f COUr5c this s P ecies of filiation was addressed 
V, mci eased eagerness and servility, to each Emperor in succession Pm 

although the Senate had voted to Julius Cassar, wdiUe alive honours scarcely 

inferior to those paid to the deities, neither Im, nor Aug^tus nor TiberS 

lifteof IT while tl b8 aCtualIy , WOrshi ?P ed in the cit J or even within the 
nuts ot Italy, while they graciously permitted themselves to be adored as o-ods 

n foreign countries. ' Caligula, however, set up his own effigy in Rome between 

lose ot the Dioscuri; it was the pleasure of Domitian that h'should be addressed 

as Domains et Deus, and victims were offered to both of these Princes - 2 but with 

the exception ot Hercules Romanus on the coins of Commodus and the’inscrintion 

se 0 “o W have e i aS ? H araSraph th ° Se ° f AnreI! ” ^ “ the Embers 
attributes “ per “ anent memOTi al of their assumption of divine 

shouTbf rendered^ 1 f' the , Semte f °™‘-illy decreed that homage 

igggpsilesii 

rioting Sabfca^tTe two Fats^aiiTju^Tf °“ Li ™’ f° Ppaea ’ homm »’ 

the sister, and Matidia the niece of Trajan°“ 0the ‘ Ielatlvcs ’ as on Marciana 

th r neified ' bear 

car drawn by elephants • in tho i Vf i g i 11 ’ a funeral PW a sacred 

mhitagef ’ ““ ° bU0X ‘° US ne ™' fou “ d a f- upon any coin of Roman 

Numerous^exa^pIc^oTctuMimlerTh! Co,, "" ie *— These squire little comment. 
Numidicus, Isauricus Tinder a h re P nbllc . s ™h as Afncanus, Asiaticus, 

of Whom the’ latter U-oJ^T^ Tw^Tut^ 


THE EMFERORS AND THEIR TITLES. 


211 


Vitellius, Domitian, Nerva, Trajan, Hadrian, and many others. Britannicus 
was probably first assumed by Claudius, whose son was distinguished by this 
epithet as his proper name, and it was at a later period adopted by Commodus, 
feept. Severus, Garacalla and Gcta. In addition to these, w’e find Parthicus , 
JJacicus , oarmaticus, Medicus , Adiabenicus , Arabicus, Armeniacus , Carpicus , 
Got/ucus , all intended to commemorate conquests real or imaginary. 

Such were the titles assumed by the Emperors, and in virtue of the powers 
which t.iese implied, they performed the various acts of absolute sovereignty. 
Ihe most important were bestowed upon Augustus by a succession of separate 
votes, and were regularly renewed at intervals of ten years; 1 2 but upon later 
Emperors they were conferred all at once and for life. Thus —Decernitur Othoni 
liiounitia Potestas et nomen Augusti et omnes Principum Jionores; and again 
—Komae Senatus cuncta Principibus solita Vespasiano decernit. 2 It will be 
observed that several of them, especially those not adopted until a late period, 
weie merely complimentary, the essence of the imperial dominion being concen- 
tiatecl m the epithets Impercitor—Tribunitia Potestas — Pontifex Maximus — 
which were stretched so as to embrace all power, military, civil, and sacred. 
Indeed, the first alone would have been sufficient had there not been a desire in 
all but the worst rulers to keep up a decent show of constitutional usages; for 
since it was understood to convey the right of supreme command over all the 
armies of the state, of levying troops to any extent, of imposing taxes for their 
support, and of deciding upon all questions of war and peace, it placed the 
personage invested with it in a position to enforce immediate obedience to his 
wishes. Hence, when an Emperor adopted the usual formality of consulting the 
Senate and requesting their consent to a proposal, he occasionally reminded them 
that this wa,s purely an act of grace and courtesy, and accordingly we find such 
communications as the following— Antonino autem divinos honores et miles 
dccrevit et nos decrevimus et vos , Patres Conscripti, ut decernatis cum possimus 
imperatorio iure praecipere, tamen rogamus (Capitolin. Macrin. 6.) 

Succession to the Throne.— The imperial power not having been formally 
established by a new constitution recognised by all orders in the state; but 
being essentially an usurpation, and being exercised under false colours, no 
legislative provision, regulating the succession to the throne, was attempted 
during the first three centuries. Augustus, and those who followed him, tacitly 
assumed the right of nominating their successors, by, in each case, admitting 
the individual selected as Collega 3 in some of their most important duties, 
such as the Pribumtia Potestas and the Proconsidare Imperium , or associating 
him still more closely with themselves under the designation of Caesar or 
Augustus. This system proved generally successful when time was given for 
preparation, and when the demise of the reigning Prince was not attended by any 
scenes of violence, although it was at all times felt, especially after the Julian 
line had became altogether extinct, that every thing depended upon the disposi¬ 
tion of the soldiers, and hence the eagerness displayed by each Emperor on his 
accession to propitiate them by the most extravagant largesses. But when a 
social convulsion took place, in consequence of the unexpected death of the 
sovereign by assassination or otherwise, the nomination of a new monarch 
depended, in the first instance, upon the will of the Praetorians, who could always 

1 Dion Cass. LIII. 13. 16. LIV. 12. I.V. 6. 12. LVI. 28 LVII. 24. 

2 Tacit. Hist. I. 47. IV. 3. comp. Dion Cass. LIII. 18. 

3 e.g. Tacit. Ann. III. 56. X1L 11. Capitolin. Antonin. P. 4. 


212 


THE EMPERORS AND THEIR TITLES. 


overawe the capital; but it seldom happened that the powerful armies on the 
frontiers were ready to acquiesce in the decision of the household troops or to 
agiee with each other, and hence the bloody and complicated struggles which 
ensued upon the death of Nero, of Commodus, and of many others. It is true 
that, in every instance, the Senate was the body with whom, in theory, the 
nomination lay, since the powers of the Emperor were all conferred by their 
} ote; but the Senate were mere puppets in the hands of the armies, except 
m one or two rare examples, where the latter exhibited singular moderation. 1 


1 Vopisc. Aurel. 40. 41. Tacit. 2-9. 12. Florian. 56. Prob. 10. Especially after the death nf 

a-TSSp. A“reUa“ r 40 a «fnoXftl S 'T* *° ,he election of TacI,us ' Vit ' 

B. very thing connected with the various titles bestowed upon the Emperors will be found 

"" best manner “ the ™ d eoK 


























CHAPTER VI. 


THE SENATE. 


We have already, at the end of chapter II. (p. 77. comp. p. 80.) given some 
account of the origin, early history, and numbers of the Senate. Wo now proceed 
to describe more minutely the constitution and duties of that body. 

Manner of Choosing the Senate .—(Lectio Senatus.') Under the regal 
government the Senate was chosen in the first instance and vacancies were 
filled up by the king, (legit sublegitque ,) of his own free will, without reference 
to hereditary claims or to the voice of the Curiae. 1 2 After the expulsion of the 
Tarquins, the power of choosing Senators was at first committed to the Consuls, 
but after B.C. 443, to the Censors, whose task it was, each Lustrum , to revise 
the list, ( Album Senatorium ,) to omit the names of those who had rendered 
themselves unworthy of remaining members of the supreme council, and to supply 
the vacancies caused in this manner or by death. Although the power of the 
Censors in discharging this duty does not seem to have been defined or restricted 
by any legislative enactment, until the passing of the Lex Ovinia , 2 (the date is 
uncertain,) in terms of which they were bound to elect upon oath the most 
deserving, ( optimum quemque ,) we have no reason to suppose that their pro¬ 
ceedings were altogether arbitrary. The powers intrusted to them may, at times, 
have been abused from the influence of personal or party feelings; but it must, 
from the commencement, have been regulated by certain principles which gradually 
became fixed, and which, except in extraordinary cases, they could not have 
ventured to disregard. What these principles were at the period of the second 
Punic war is clearly demonstrated by the statement of Livy, (XXIII. 23,) with 
regard to the proceedings of the Dictator, who was named for the special purpose 
of filling up the blanks caused by the slaughter at Cannae, for the proceedings 
described evidently indicate the ordinary rule— Recitato vetere senate, indeprimos 
in demortuorum locum legit, qui post L. Aemilium et C. Flaminium Censores 
curulem magistratum cepissent, necdum in Senatum lecti essent ,■ ut quisque 
eorum primus creates erat: turn legit, qui aediles, tribuni plebei, quaestoresve 
fuerant: turn ex Us, qui magistratum non cepissent, qui spolia ex hoste jixa 
domi haberent, aut civicam coronam accepissent —thus carrying out the rule 
which he had previously declared that he would follow— ut ordo ordini, non 
homo homini praelcitus videretur. 

It is to be observed that all the higher magistrates, from the Quaestor upwards, 
had, during the period of their office, the right of sitting and speaking in the 
Senate; but they were not necessarily Senators, unless they had been enrolled 

1 Fest s v. Praeteriti Senators, p. 246. Dion Cass. fgmt. Mai. Nov. Coll. II. p. 138. fgmt. 

Peir. XXII. 1. XXIII. 2. Cic. de R. II. 8. Liv. I. 49. . .. 

2 Fest. l.c —Lex Ovinia Tribunicia mtervemt, qua sanctum est ut Censores ex omm orame 
optimum quemque curiati in Senutu legerent. W here the word Curiati is cori upt. 


214 


the senate. 


observed towL^ C '°, Se ° f ‘S®, precedi . n S Lustrum. Hence the distinction 

Therefore b when r ^ ^ ‘ r° S f 7“ bus in Senatu ^ntentiam diem licet, i 
neierore, when the Censors supplied the vacancies, they beo-an by selecting in 

older of rank and seniority those who had filled offices in virtue of which thev 
the r° nS - Ad « XS? 

rt„nnao i ’ a 1 p , v ^’ (XXII. 49,) when enumerating- the victims at 
c nae, makes use of the _expression —octoginta praeterea, aut Senatores aut 
% C0S vwg^tratiis gessissent unde in Senatum legi deberent When the 
2 TZ ’“ mak “ g Up the new rol, > om!l ‘ ed »ame o^f any Senator, 

Zt%7 A Tf C . & e 0te t,le ^vidual in question ; i( on the othei hand 

We are told by Appian (B.C. I. 100) that Sulla, when he made a laro-e 
addition to the numbers of the Senate from the Equestrian order, left the choife 

writers d ‘ vldua s “ e Tnbes ’ but tbis statement !s not confirmed by other 

Senite" Ce fhes e " n ( , " 9 'T The Censors ’ aswe have seen, drew up a list of the 
' t .\ Th e Senator whose name was placed by them at the head of the roll 

s , y ed Pnnceps Senatus , and this position was highly valued, although it 
conferred no substantial power or privilege. Under ordinaiy circumstance g the 
semoi of the Censorn , that is, of those who had held the office of Censor ’was 

iui^r^T. £5£2$’- but this was b ^ - — “ 

+hp^.l! a ' ,ifiC ? t ^ n n aS 40 ® irth ’ ® ccl *Patio»» Age, Fortune, &c _Although 

e choice^of the Censors, during the best ages of the republic, was reflated 
ertam extent, by established usage, anyone possessing the full °Civitas 
was reg arded as eligible without any limitation as So birth Except 
foi two generations. Hence, the son of a Liber times would be shut out but 
nu 5™ r6Sted U P° n P^lic opinion rather than u^n any 

udmitted n the r e , . that Pf so ! ls belonging to this class were actually 
admitted m the Censorship of Appms Claudius, (B.C. 312 )—oui Senatum 

pi units libertinorum film lectis inquinaverat —but that popula/ indignation 

was so strongly expressed that the Consuls of the following year refused to 

SSSfe’ The sama tiling, although neglected dui.g the trebles 

by jSs C*sarU ^ “ 6 agC ° f Cicer0 ’ but alt0 S ether disregarded 

trade orTe"’’ “ tbe f r !L er a S es at Ieast ' wa3 flowed to Mow any lucrative 
ami benee . traffic except >» so far as selling the produce of his lands • 

nennk ed 1 7 “ anClent Lex Claudia ’ ™ Senator nor son of a Senator, was 

lesse nf d ,hat P °- SSeSS a S , ea 'g° , “? sh ‘P Of more than 800 amphorae burden. A 
vessel of that size was deemed sufficient for the transport of his crops and— 

IIL^a 1 * S ‘ V ‘ Senatores > P- 339 - Uy- XXIII. 32. XXXVI. 3. Val. Max. II. ii. j. A ul. Cell. 

3 Liv 1X^6 ^Pn^Tfnl .XC V III. Fest. s.v. Praeieriti Senator ex p 246 

in the Senate FulVU1S ln Virtue of his office ^ Curule Aedile must have held a seat 

4 Cic. pro Cluent. 47. Dion Cass. XL. 63. XLIII. 47. XLVIII. 34 . 


THE SENATE. 


215 


Quaestus omnis Patribus indecorns visus. But this law had fallen into desuetude 
in the days of Cicero. 1 

There can be little doubt, that towards the close of the republic there was a 
fixed age, before which no one was eligible; and hence Cicero, when dwelling 
on the early career of Pompeius exclaims— Quid tarn praeter consuetudinem , 
quam liomini peradolescenti , cuius Senatorio gradu aetas huge abesset , 
imperium atque exercitum dari ? 2 and this age probably depended on the Lex 
Villia Annalis; (see above, p. 173 ;) but when there w r as no restriction as to 
the age at which a citizen could be chosen to fill the highest magistracies it is not 
probable that there could have been any fixed Aetas Senatoria. Under the 
Empire the Aetas Senatoria seems to have been twenty-five, since, under 
ordinary circumstances, no one could hold the Quaestorship until he had attained 
to that age. 3 

That the Senators, as a body, formed the wealthiest class in the state seems 
unquestionable, and examples occur in which they were called upon to contribute 
more largely than any other portion of the community to the necessities of the 
commonwealth. But we nowhere find any hint given that, under the free 
constitution, the want of a certain amount of fortune was held as a disqualifica¬ 
tion. As far as our authorities go, Augustus was the first who required a definite 
sum ( Census Senatorius ) as indispensable for those who desired to become 
candidates for the higher offices of state and to gain admission to the Senate. 
This sum he, in the first instance, fixed at 400,000 sesterces, the same with the 
Census Equester introduced by the Gracchi, (see above, p. 74,) but afterwards 
raised it to a million of sesterces, ( deciesQ after which we hear of no further 
change. 4 

Powers and l^utics of flic ^fennfe. —Although the Senate, from the %eiy 
foundation of the city, was recognised as an integral and indispensable member 
of the body politic, it seems to have occupied a very subordinate position under 
the kings, except during an Interregnum.. The monarch held his office for life, 
and was irresponsible; consequently, although compelled, to a certain extent, by 
public opinion and custom to ask the advice of the Senate, he might accept or 
reject their counsel as he thought fit. 5 The Senators could not assemble unless 
summoned by him, nor deliberate upon any matter not submitted to them by 
him, and they had no means of enforcing their opinions and wishes. The King 
might, and probably did, for the sake of convenience, place many of the details 
of government in their hands; but the nature and extent of the authority thus 
committed to them depended entirely upon his will and pleasure. As soon, 
however, as the republic was established, the powers of the Senate were at once 
greatly enlarged. The chief magistrates now retained office for one year only, 
while the Senate, being a permanent body, a vast mass of public business 
necessarily devolved upon them alone. By degrees the independent poweis of 
the Consuls and other magistrates became narrower, while the influence of the 
Senate was, in like proportion, extended, until, ere long, the magistrates were 


1 Cic. in Verr. V. 18. 

2 Cic. pro leg. Manil. 21. r „ . , ... _ T Q 

3 Dion Cass LII. 20. 32. LIII. 15. 28. comp. Velleius II. 94. Digest. I. xm. 3. L. iv. 8. 

Tacit. Ann. XV. 28. Hist. IV. 42. T it •>- oc t , vt 117 v 

4 Dion Cass. LIV. 17. comp. LIV. 26. 30. Tacit. Ann. I. 75. II. 3/. 86. Juv. VI. 137. 

335. Martial. II. 65. If we can believe Suetonius. (Octav. 41.) theC«»n» 
at one time fixed by Augustus at 800,000 sesterces, and finally raised by him to 1,200,000, but 
this statement is not corroborated. 

6 Liv. I. 32. 49. Cic. de R. II. 9. Dionys. II. 14. 06 . III. 22. 26. 37. 

Cass. fgmt. Mai. Nov. Coll. II. p. 138. 


Plut. Rom. 27. Dion 


216 


the senate. 


ttie orders of the Senate, by whose 

The people in theTcomito *'ll 7 s re S? Ia ‘ ed and controlled, 
of electing magistrates of clecl•inno- - . e right of enacting or repealing laws,' 
upon charges which involved the liTen° nclud “ 1 S‘ P eace > and of deciding 
exceptions? the powers of the Senate ™ P i gGS °f. a Cltizen >’ but with th ese 
content . ourselves with thif r H .T’ T 

certain important matters whirli wo w n • n . ^ iei1 duties; but there are 
under their control_ a ^ bue % notice as falling more especially 

They JondttelTnegStons , admi f trati ° n »f foreign affairs, 

f’ody, gave audience to’ the en™^T T a “ bassadora selected from their own 
They received the deputations sent from e .Pf ldent . states > and concluded treaties, 
requests, inquired into the P r °™ ces > granted or refused their 

people, as we ha I f re ^? their ^vances. • The 

or concluding peace* but nr/™™ v ’ ia . c l a one the power of declaring war 
submitted to them except throno-fTth” 1 "'m lega J d t0 tIlese points could be 
attempt to pass overThe Senate w^ ‘ he , med ' a '“ of the Senate, and when an 
a direct violation of the cons«tution!ll!. <le ’ T* S regarded 83 IittIe better tbaa 
connected with the general conduct of the ” malum 3« eex e?nplum . 2 3 All matters 
named the different ProvhuT7„d «£r v" T ere ? ft !° tbeir wisdom. They 
different magistrates, they fixed the 17?' ? Cy dlstributed them among the 

3. To them belon Jed the wtl tlle exlub,t!on of extraordinary games. 

were the auditors of the public accounts 8 ™ 16 ! 114 n J'i |mli,ic Exchequer. They 
their orders. 1 ’ anc a disbursements were made by 

(B.C. ^22*) the jurorsm cidmhiaOrialf 1 r^ > /’ >m *i Iudiciaria of C. Gracchus, 
the Senate. a ' tllaIs were taken exclusively from 

stance!,^The right occas!o " s ’ pressing circum- 

the provisions of a poKe aw a ™ e ’ 111 fa 'o«r of some particular individual, 
their prerogative, to be just'd out E* °T’ regarded as a **<* «* 

Cornelius, Tribune of the J piebs B fi extlaoldlnai 7, emergencies ; and C. 

promulgavit Ugcm la auitoritotem S™"?* “ a bi 110 S “>1> tlda practice 

populum legibus solmretur. See Ascon in ofTn m ” ueiat ' ne 1 uts »*** per 
ed. OrelK. Scon * in Clc * 0rat - pro Cornel, arg. p. 57. 

s the i rS! c S a t?? ^”ed ss 

2 As^o'wlr. Liv L IV X 3 ? X XXXVI^ L v 1 ; v XL - 58 ‘ 

,3 3 45 55! ’ 2L AS ^ PeaCG ‘ LiV * XXX 37 • 43 - XXXIII « 

3 -tolyb. VI. 13. Liv. XXX. 17. XXXI. 11. XL. 38. 


THE SENATE. 


217 


Comitia Centuriata until it had been revised and sanctioned by the Senate. But 
as the power of the Tribunes of the Plebs increased, and especially after the Lex 
Publilia , (see above, pp. 117. 124,) by which Plebiscita were rendered binding 
upon all orders in the state, the right of previous sanction, sr^o/SoyAst^ae, as it 
was termed among the Greeks, even if it was fully admitted, became of com¬ 
paratively little importance, (Dionys. YU. 38. IX. 41. Appian. B.C. I. 59.) 

But while the Senate discharged these and many other functions of the highest 
importance, for the most part without question or opposition, still the people 
being, according to the principles of the constitution, (see above, p. 79,) supreme, 
occasionally interfered and reversed the arrangements of the Senate. Thus, no 
prerogative ot the Senate was more completely recognized and was, for ages, less 
disputed, than their title to distribute the Provinces according to their discretion; 1 
yet, as we have seen above, (p. 185,) the Tribes, upon three important occasions, 
took the matter into their own hands ; and other examples of a similar nature 
will be found recorded, from time to time, by the historians. 

ISclatioii in which the Senate stood towards the Magistrates. —The 
Senate, although nominally, in a considerable degree, under the control of the 
higher magistrates, were in reality their masters. It is true that the Senate 
could not meet unless summoned by one of the great functionaries, and could 
neither decide nor even deliberate upon any question unless regularly brought 
under their notice by the president. But, on the other hand, the magistrates 
were unable to discharge their ordinary duties without the sanction and assistance 
of the Senate, and would have been utterly powerless without their support. 
Difference of opinion occasionally arose, when, if the Senate were resolute, and 
the Consuls refused to yield, (in potestate s. in auctoritate Senatus esse ,) the 
Senate, as a last resource, might insist upon the nomination of a Dictator, or 
might appeal for assistance to the Tribunes of the Plebs, who were ever ready to 
interfere upon such occasions, and could, in an extremity, order the Consuls to 
prison. 2 

Even "when in actual command of an army, the generals were dependent upon 
the Senate, for they were strictly confined within the limits of their Province, and 
to the Senate they looked for all supplies, and for the ratification of all their 
proceedings. 3 

Meetings of the Senate. —The Senate could not meet unless summoned by 
a magistrate, and certain magistrates only possessed the power ( Vocare s. 
Cogere Senatum.') Among the ordinary magistrates, the privilege belonged to 
the Consuls; in their absence, to the Praetor Urbanus, or to those magistrates 
who, for a limited period, were substituted for the Consuls—the Decemviri 
legibus scribendis and the Tribuni militares consulari potestate. The Tribunes 
of the Plebs also, after a time, assumed and maintained the right of summoning 
the Senate. Of the extraordinary magistrates, to the Dictator, the Interrex and 
the Praefectus Urbi. 4 

Mode of Summoning'. Attendance. —When it was necessary to summon 
the Senate in great haste, it was done by means of a Praeco and Viatores; but, 
under ordinary circumstances, a public notice ( edictum ) was posted up a few 
days beforehand. There were no fixed days for meetings of the Senate until the 

1 See especially Cic. in Vatin, 15. 

2 Liv. III. 21. 52. IV. 26. 56. V. 9. 

3 Liv. V. 27. VI. 26. VIII. 1. 36. X. 5. 36. 

4 Aul. Gell. XIV. 7. who quotes Varro. Cic. de Orat. III. 1. de legg. III. 4. who, if his 
text be correct, adds the Magister Equitum to the above list. 


218 


THE SENATE. 


time of Augustus, 1 who ordained that the Senate should meet regularly twice 
eveiy month, on the Kalends and the Ides, and hence arose the distinction 
between Senatus legitimus , an ordinary, and Senatus indictus, an extraordinary 
meeting. 

The attendance of Senators was not optional, but might be enforced by the 
summoning magistrate, and they were liable to a fine if absent without good 
reason; but this appears to have been seldom exacted. Under the empire, 
members of the Senate were exempted from attendance after their sixtieth (or, 
perhaps, sixty-fifth) year. 2 A full meeting of the Senate was called Senatus 
j> equens , a thin meeting, Senatus infrequens. When the subjects to be proposed 
for deliberation were of importance, it was not unusual, in the Edictum , to 
request a large attendance. 

tPiace ©f Meeting—The Senate could hold their meetings in a Tern-plum 
only, that is, in a place consecrated by the Augurs. The ordinary council hall 
for many centuries was the Curia Hostilia , which stood upon the'north side of 
the Comitium; (see above, p. 14;) but occasionally we find other Templa 
employed for the same purpose. Towards the close of the republic and under 
the empire several magnificent edifices were erected, with the express object of 
serving as Senate-houses, and of these we have noticed the Curia Julia and 
others. 

When the Senate gave audience to the ambassadors of a hostile state, or to 
the generals who wished to retain their Imperium , which they would have 
foifeited by passing the Pomoerium , then the ordinary places of meeting were the 
Temple of Bellona or the Temple of Apollo, both in the Prata Flaniinia. See 
above, p. 43. 

Manner of Conducting Business—Before proceeding to business the 
auspices were taken and a sacrifice offered by the magistrate who had called the 
meeting. 3 

The magistrate or magistrates, for both Consuls appear to have frequently 
acted jointly, who had called the meeting and who presided, had alone the right, 
in the first instance, to submit any matter for deliberation, and in doing this he 
usually commenced with things sacred, and then passed on to secular affairs (de 
rebus divinis priusquam humanis .) 4 When the president simply made a state¬ 
ment for the purpose of communicating intelligence, he was said rem ad Senatum 
defery g, when he brought before them any question for discussion, rem ad 
Senatum ref err e. 5 

When the presiding magistrate had finished the business for which the meeting 
had been summoned, it was competent for a Tribune of the Plebs, or any other 
magistrate who possessed the right of holding the Senate, to propose a subject for 
debate; c but under no circumstances could this be done by a private Senator. 

It was not unusual, however, for the house, as a body, to call upon the president 

to bring some matter under their consideration— postulare uti refer rent con- 

clamatum est ex omni parte curiae uti referret Praetor , &c. 7 
In submitting any matter he was said, as noticed above, referre rem ad 


Appian B C. I. 25. Dion Cass. LV 


T 4 Liy III. 38. XXVIII. 9. Cic. ad fam. XI. 6. 
kVIII. 21. Capitolin. Gordian. II. 

2 Liv. III. 38_ XXXVI. 3 XLIII. 11. Cic. de legg. III. 4. Philipp. I. 5. Aul. Gell XIV 
Senec. de brevit. vit. 20. Senec. Controv. 7. 

3 Aul. Gell. XIV. 7. Cic. ad fam. X. 12. Sueton. Caes. 81. Appian. B.C. II. 11G 

4 Aul. Gell. l.c. comp. Liv. XXII. 9. 11. XXIV. 11. 

5 e.g. Liv. II 28 XXXIX. 14. 


3 ? ?• Cic. Philipp. VII. 1. pro. leg. Man. 19. ad fam. X. 16. 

7 Liv. XXX. 21. XLII. 3. Cic. ad fam. X. 16. Tacit. Ann. XIII, 49. 


3. 

7. 


THE SENATE. 


219 


Senatum or referee ad Senatum de aliqua re , and the question or subject 
submitted was called Relatio. After the Relatio had been briefly explained, he 
proceeded to ask the opinion of the house, ( consulere Senatum ,) which he did 
in the words Quid de ea re fieri placet, and this opinion was elicited by calling 
upon each Senator by name ( nominatim ) to declare his sentiments, ( sententiam 
rag are s. interrogare ,) employing the form Die . . . (here the name of the indi¬ 
vidual addressed) . . . quid censes. A certain rule of precedence was followed 
( gradatim consulere.') If the elections for the following year were over, the 
Consuls elect were first called upon to speak, ( censere — decernere—sententiam 
dicere ,) then the Princeps Senatus, then those who had held the office of Consul, 
(C onsularesQ those who had held the office of Praetor, ( Praetorii ,) and so on 
through the inferior offices. Again, in adjusting the order of precedence between 
those belonging to the same class, the rule of seniority was generally followed; 
but a certain degree of latitude was allowed to the presiding magistrate, who 
might mark his respect for particular individuals by calling upon them out of 
their turn at an early stage of the debate. 1 Considerable importance was 
attached to the privilege of speaking early, for we find Cicero enumerating among 
the various honours and rewards which he would enjoy in consequence of being 
elected Curule Aedile— antiquiorem in Senatu sententiae dicendae locum (In 
Verr. V. 14.) 

A Senator, when named, usually rose up ( surrexit ) and expressed his views 
briefly or at length as he thought fit. It does not appear that any limit was 
fixed to the length of an oration, and hence factious attempts were sometimes 
made to stave off a question by wasting the whole day in speaking (diem 
consumere—diem dicendo eximere .) 2 We have stated that no private Senator 
was permitted to originate any motion; but any one was at liberty, when called 
upon for his opinion, to digress from the subject in hand, and to state his opinion 
upon topics foreign to the actual business. In doing this he was said egredi 
relationem. 3 Occasionally, in matters of great importance, when a Senator 
was desirous to express himself with deliberate solemnity, he read his speech (de 
scripto sententiam dicer e.) 4 

# Many contented themselves with simply assenting to a proposition, without 
rising and delivering a formal harangue, (verho adsentiri—sedens adsentiriQ 
while others gave a silent vote, ( pedibus in sententiam ire. ) 5 

When every Senator had had an opportunity of explaining his sentiments, 
(perrogatis sententiis ,) if a difference of opinion had arisen, the president 
proceeded to state the various propositions in succession, (pronunliare sententiasQ 
and a division ( discessio ) took place, those who supported the first proposition 
being desired to pass to one side of the house, while those who did not approve of 
it were to pass to the other— Qui hoc ccnsetis, illuc transite , qui alia omnia in 
hanc partem —alia omnia, being the technical form used to denote every 
opinion except the one upon which the vote was in the act of being taken. 6 From 

1 Aul. Gell. IV. 10. XIV. 7. Liv. XXVIII. 45. Cic. in Verr. V. 14. Philipp. V. 13. ad Att. 

I. 13. XII. 21. The words of Sallust (Cat. 50.) with regard to the Consul designatus are 
perfectly explicit —Turn D. Junius Siianus, primus sen ten Ham rngatus, quod eo tempore Consul 
designatus erat. The privilege, however, does not seem to have extended to the other n agis- 
trates elect; for, as we learn from the narrative of Appian, in the debate above referred to, 
Caesar, although Praetor elect, did not speak until after many Senators had supported the 
views of Silanus. 

2 Cic. in Verr. II 39. ad fam. L 2. ad Att. IV. 2. ad Q. F. II. 1. 

3 Tacit. Ann. II. 38. 

4 Cic. ad fam. X. 13. Att. IV. 3. 

« Liv. XXVII. 34. 

6 Cic. ad fam. I. 2. VII. 13. X. 12. Caes. B.C. I. 2. Liv. VII. 35. 


220 


THE SENATE. 


the circumstance of the Senators walking to opposite sides of the house arose the 
common formulae which expressed the act of voting in favour of a measure— 
discedere in sententiam—ire in sententiam — pedibus ire in sententiam. We 
have already observed that the last of these was applied to those who gave a 
vote without speaking, and hence the members who did this habitually were 
termed Pedarii Senatores , at least this is the most reasonable explanation of the 
phrase. 

Sometimes a proposition might consist of different heads, and while some 
persons might agree to a portion of it, they might be unwilling to assent to the 
whole. In this case they insisted that the president should separate the 
proposition into clauses, and take the sense of the house upon each separately— 
postulatum est ut sententia divideretur . 1 

On the other hand, when a magistrate hurried through a proposition consisting 
of several heads, without time being allowed for the discussion of the clauses in 
detail, he was said per saturam sententicis exquirere. 2 

When a speedy decision was indispensable, or when it was known that men’s 
minds were made up, the president did not ask the opinion of the Senators in 
succession, but proceeded at once to the vote, and hence the distinction drawn 
between Senatus-consultum per relationem and Senatus-consultum per disces- 
sionem ; but it must be observed that the latter phrase may be applied to every 
decree of the Senate upon which a vote was taken, whether preceded by a debate 
or not. 3 

When the Senate had separated and were standing upon opposite sides of the 
house, the president, who appears to have had no vote, proceeded to count, and 
announced the result by the formula— Haec pars maior videtur. Occasionally, 
although a difference of opinion had been expressed, the vote was unanimous, and 
in this case was termed— Sine ulla varietate discessio. 4 

Senafus Consulium. Senatus Aucionta*.—A proposition sanctioned by a 
majority of the Senate, and not vetoed by one of the Tribunes of the Plebs, who 
might interrupt the proceedings at any stage, was called Senatus-Considtum 
or Senatus-Decretum , the only distinction between the terms being that the 
former was the more comprehensive, since a Senatus-Consultum might include 
several orders or Decreta. 

But if a Tribune of the Plebs put his veto on a proposition which a majority 
of the Senate had sanctioned, then the resolution of the Senate was called Senatus 
Auctoritas , and became a mere formal expression of opinion without legal 
efficacy. 

When a Senatns-Consultum had been passed, it was reduced to writing 
( perscriptum est.) Those who had taken the greatest interest in the measure 
superintended this process, ( scribendo adfuerunt ,) and their names, styled 
auctoritates perscriptae , Avere included in the body of the document. 

In like manner a Senatus Auctoritas was frequently AATitten out, serving as a 
sort of protest, and recording the names of those Avho had supported the motion 
as well as of the Tribune or Tribunes who had interceded. 5 

When one or more Tribunes had put their veto upon a measure approved of 
by a large majority, the Consuls Avere sometimes requested to remonstrate Avith 

1 Cic. ad fam. I. 2. ( postulatum est ut Bibuli sententia divideretur ) comp. Ascon. ad Cic pro 
Milon. 6. and Schol. Bob. in loc. 

2 See Sallust lug. 29. comp. Fest. s.v. Satura, p. 314. 

3 Aul. Cell. XIV. 7. 

4 Cic. in Cat. III. 6. pro Sest. 34. Senec. de vit. beat. 2. 

5 Cic. ad fam. I. 2. VIII. 8. 


THE SENATE. 


221 


the Tribunes, ( agere cum Tribunis ,) and to endeavour to induce them to with¬ 
draw their opposition. Sometimes, under similar circumstances, the Consuls 
proceeded immediately to consult the Senate upon the propriety of having recourse 
to strong measures, whether, for example, it might not be expedient to make an 
appeal to the people or to arm the Consuls with Dictatorial power. 1 

Not only a Tribune but one of the Consuls might interfere to prevent the 
passing of a Senatus-Consultum , such interference being termed intercessio 
collegae , or, generally, any magistrate possessed of authority equal to or greater 
than that of the magistrate who brought forward the proposition. 2 

Ordinary Senators, although they could not positively forbid the passing of a 
resolution, might in various ways impede, delay, and thus eventually frustrate 
it,—1. By speaking against time.—2. By demanding that each individual Senator 
should be called upon to speak (ut singuli consulantur .)—3. By requiring that 
each clause should be discussed separately (ut sentcntiae dividerentur.) —4. By 
calling upon the president, again and again, to count the house, (Numerare 
Senatum ,) in order to ascertain that there was a proper number present. 3 This 
leads us, finally, to consider the question of a 

Quorum —That the presence of a certain number of Senators was necessary, 
in order that the proceedings might be valid, seems beyond a doubt; but it is 
equally clear that this quorum must have varied at different periods under the 
republic, and perhaps according to the nature of the business, for we find in 
different places a hundred, a hundred and fifty, and two hundred spoken of as a 
Quorum. 4 Under Augustus the presence of four hundred was, at one period, 
required; but it would appear that this rule was subsequently relaxed, at least 
when the questions discussed were not of special importance. At a later epoch 
the quorum was reduced to seventy and even to fifty. 5 

Insignia of Senators.— Senators, from an early period, were distinguished 
from ordinary citizens by certain peculiarities in their dress, to which other 
privileges were subsequently added. They wore— 

1. Tunica Laticlavia , an under garment, ornamented with a broad vertical 
purple stripe (Hor. S. I. vi. 27.) 

2. Annulus Aureus , a golden ring. See above, p. 75. 

3. Calceus Senatorius , a shoe of a particular form fastened by four straps, 
(corrigiae,) the Lora patricia of Seneca, which were fastened round the calf of 
the leg. To some part of this shoe a piece of ivory in the form of a crescent 
(lunula') was attached. From the w r ords of Juvenal (S. YII. 192)— 

Appositam nigrae lunam subtexit alutae, 

compared with Horace, (S. I. vi. 27,) it has been concluded that the Calceus 
Senatorius was black, while others have inferred from Martial (II. 29) that it 
was scarlet. If the latter opinion be correct it was probably the same with what 
is elsewhere termed the Mulleus . 6 

Seats were reserved for the Senators in that part of the theatre called 
the Orchestra , and at a subsequent period they enjoyed a similar privilege 


Numera Senatum , comp. Cic. ad fam. VIII. 11. ad 


1 Cic. ad Att. IV. 2. ad farm VIII. 8. 

2 Aul. Gell. XIV. 7. Liv. XXX. 43. 

3 See an obscure passage in Festus 3.v. 

O de Bacchanal Liv XLII. 28. Ascon. in Cic pro Corn, p 53. ed. Orell. 
t fL e “* I TV as EV 3 Lamprid. Al. Sev. 16. Cod. Theod. VI. iv. 9. 

6 Cic. Philipp XIII. 13 Senec. de Tranq. An. 11. Plut. Q, R. 76. Martial. I. 50. II. 29. 
Philostrat. vit. Herod. Att. II. 8. 


THE SENATE TINDER THE EMPIRE. 


-m 


Games CirCUS ’ “ ^ ^ mention more particularly when discussing the Public 

Legaho Libera .—One of the most substantial advantages enjoyed by a 

reppWlT’ that f W T, )‘ e q n ttGd Italj f ° r his 0wn P rivate business he usually 

was invP,Si a 7 + f l C ° UeagUe ^ a Le 9 atio Libera . in virtue of which lie 
v as invested with the character of an ambassador, and was entitled, in all 

foreign countries, to the same respect and consideration as if he had actually been 
despatched upon some special mission by the state. 1 * 

J e "*' e n V" dcr ® !,c . —The influence of the Senate under the Empire 

riSta + prodl8 ' 10asI T increa . sed 5 for it not only retained all its former 

® L ’ but \' as > to a great extent, invested with those powers which, under the 
commonwealth had formed the exclusive prerogative of the people. 

between e tl p%7 een a 7 7 9) that the eleCtion of magistrates was arranged 
aonrove of a ?“P eror . and 1 the Seaat ^ the Comitia being merely called upon to 
approve of a list, previously prepared, which they could neither {eject nor alter 

eusnended hvtheT^’ ^ lati ™ Motions of the ComitiA-ere entirely 

C ° nStitUti0nS ° f ^ W "“> Whfc ' h 

of the Emperor, the proceedings of Senate or their families, or the character 0 f 
the Proconsular governors, were referred to the decision of the Senate 

taininoOo l” 6 ^ 008 WIth . 1 '^ ai ' d t0 ™ peace, although naturally apper- 
oooa l!?i ?'ft?'"TT h,s eapacity of supreme military commander were 
occasmna y left m the hands of the Senate (e.g. Dion Cass. LX. 23. LXVIII 9 ) 

5. Lastly, the Senate elected and deposed the Emperors themselves and i'll 

for^^ * 

mS w h g0Ven ;. thr0U - g u h A Senate ’ which ^earne the mere organ of the 
XlS executing with ready submission all orders communicated directly 

^ f ° r the slightest iodiotfS 

thp Prince * 1 •• 7. dlvme the secret tb o«ghts and anticipate the wishes of 

n! ’ 11 fo 111 addltl0n to the sanction readily accorded by the bodv in its 

corporate capacity, each individual Senator was required at SS? 

theTrSedL‘sTtheT CemeU b° f ^ year ’ *° a PP rove and ratify upon oath 
of tEf * 8 , Em P eror ('“rare»» acta Principis .) 2 The actual position 
emit tI,e State was very different at different times, depenSa mos 

or Sed P wVh 6 temper ° f the SOTereign - B y «ome it was allege h d”?eg1Zl 
disjharl I ° pen C . 0 "‘ e T’ in8ult > and cruelty; by others it was allowed to 
patronage witW T’ S t fy f,mct ! ons f the government, and to exercise extensive 

Understood anS fet ffthevacSd f^ ”, ^ Case ’ a11 “uc% 
fact aopntQ £7 v, th ? acted b ^ P ermissi0n only, and that they were, in 

aceorS to the I ” a ° Wed a grea . ter or smalIer amount of discretionary power 
accoi cling to the convenience or caprice of their employer. * P 

n cases when an attempt was made to dethrone the reigning Emperor, or 

Sue ton. Tib^i X Onth7LSes a to^ t hic I h'thf; XV, J L pr ° Flacc ‘ 34 ‘ Val Max. Y. iii 2 
II. 17. Duses to whlch thls Practice gave rise, see Cic. de leg agr I 3 

2 See Dion Cass. LI. 20. LIIL 23. LVIL 8. 17. LX. 25. Tacit. Ann. X VL 22. 


THE SENATE UNDER THE EMPIRE. 


223 


when the succession was disputed, the position of the Senate was peculiarly 
painful and hazardous. Compelled to submit to the dictates of the chief, who, 
for the time being, was in military possession of the capital, the members were 

liable, upon each change of fortune, to be treated as rebels and traitors by the 
conqueror. 

Number of Senators under the Empire.— We have stated above (p. 78) 
that at the period of the first Census, held after the battle of Actium, there 
weie one thousand Senators. Augustus reduced the number to six hundred; 1 
but we ha\ e no distinct information of what took place in this respect under 
subsequent Emperors, each of whom, in virtue of his Censoria Potestas , drew 

up, at pleasure, lists of the Senate, admitting new members and excluding the 
unworthy. 2 ° 

Poisons entitled to Summon and Consult the Senate. —As under the 
republic, the Senate might be summoned by the Consuls, Praetors, or Tribunes 
of the Plebs. When the Emperor was Consul he presided in that capacity ; at 
other times, when present, he occupied a Curule chair, placed between those of 
the two Consuls. 3 The Emperor, in virtue of his Tribunitia Potestas, could at 
any time call a meeting, and even when not presiding, was allowed to originate 
a motion and submit it for deliberation. This privilege was eventually extended, 
so as to empower him to bring several distinct matters under consideration, and 
was termed Jus tertiae — quartae—quintae relationis . 4 

° ldo Senaiorius. —This expression was used under the republic to denote 
the members of the Senate collectively; but under the empire it seems to have 
included all the children of Senators and their direct descendants, who then 
formed a distinct and privileged class. The sons of Senators especially inherited 
a soi t of nobility.. As soon as they assumed the Toga Virilis they were permitted 
to wear the Tunica Laticlavia , to be present as auditors at meetings of the 
Senate, and enjoyed various rights and exemptions, both military and civil, 5 
many of which were shared by the Equites illustres , of whom we have spoken 
above (p. 76.) 

Consilium PHncipis.— Augustus employed the services of a committee 
composed of the Consuls, of one individual from each of the classes of higher 
magistrates,, and of fifteen ordinary Senators chosen by lot, who acted for"six 
months as his advisers, assisting him in preparing and maturing the measures 
which w-ere afterwards to be submitted to the whole body of the Senate, and in 
the prosecution of judicial investigations. 6 

The Consilium Principis , as it was termed, gradually underwent very 
momentous changes, both in its constitution and in the extent of the powers 
which it exercised. The number of members was increased, individuals were 
admitted who were friends or personal attendants of the Emperor, but who had 
no connection with the Senate, 7 the most weighty questions of policy were 
discussed and finally decided by this privy council; and as early as the time of 

1 Dion Cass LIV. 13. 14. 

2 e.g. Dion Cass. LIV. 13. 14. LV. 3. Tacit. Ann. IV. 42. Suet. Vesp. 9. 

3 Plin. Epp. II. 11. Dion Cass. LV. 16. 

4 Tacit. Ann. III. 17. Dion Cass. LIII. 32. LV. 16. Capitolin. M. Aurel 6 Pertin 5 

Lamprid. Alex. Sev. 1. Vopisc. Prob. 12. 

6 Dion Cass. LII. 31. LIII. 15. LIV. 26. Suet. Octar. 33. Digest. I. ix. 5—10. XXIII ii 44. 

It. l. 22. § 5. comp. Tacit. Hist. II. 86. 

6 Dion Cass. LIII. 21. Suet. Octav. 35. 

7 The Amici et Comites Augusti, as they were styled, formed the personal staff of the 
Emperor, and were divided by Tiberius into three classes, according to their dignity (tribus 
classibus fact is pro dignitate cuiusque , Suet. Tib. 46.) In the jurists we find them frequently 
referred to as amici s. cornites primi—secundi—tertii ordinis s. loci. 


224 


THE SENATE UNDEK THE EMPIRE. 


Hadrian, it had usurped the most important functions of the legislature and the 
courts of justice. It did not, however, assume a regular and definite form until 
the reign of Diocletian, when it was established under the name of Consistorium 
Principis , and henceforward was fully recognized as an independent and powerful 
department of the government. 1 


1 Dion Cass. LVI. 28. 41. LVII. 7. LX. 4. 
88. Epp. YL 31. Spartian. Hadr. 22. 


Suet. Tib. 35. Ner. 15. Tit. 7. Plin. Panegyr. 



A Lictor, from an ancient bas relief. 










CHAPTER VII. 


ON THE PUBLIC LANDS AND THE AGRARIAN LATVS. 1 


Ager Publicus was the general term for all lands which belonged in 
property to the state and not to private individuals. A domain of this description, 
the proceeds of which were applied to the public service, formed part of the 
Roman territory from the earliest times. 2 Originally it must have been very 
limited in extent; but as the Romans gradually subjugated Italy, they were in 
the habit of mulcting those tribes which resisted their arms of a considerable 
portion of their lands, and, in process of time acquired immense tracts. In this 
way, for example, the Hernici and the Privernates were deprived of two-tliirds 
of their territory, (cicjri partes duae ademtae,') 3 the Boii forfeited one half, 4 and, 
upon the recovery of Capua, after its revolt to Hannibal, the whole Ager Cam- 
panus , the most fertile district in the peninsula, was confiscated. 5 

A portion of the lands thus acquired was frequently sold by public auction, in 
order to provide funds for the immediate wants of the state. The remainder was 
disposed of in different ways, according to its nature and condition ; for it might 
be, (1.) Arable, or meadow-land, or vineyards, or olive gardens, in a high state 
of cultivation. (2-) Land of good quality, capable of producing the best crops, 
but which was lying waste and depopulated in consequence of the ravages of 
war. (3.) Wild hill and forest pasture, of which there are vast districts in the 
mountainous regions of central and southern Italy, and also on some parts of the 
coast. 

(1.) The rich land in good condition was usually disposed of in three ways— 

If at no great distance from the city, or if not in an exposed situation, it was 
frequently made over ( assignatum ) in small allotments, usually of seven jugers, 
to the poorer citizens, those chiefly who had acquired a claim upon the state by 
long military service. 

If, on the other hand, it lay upon an exposed frontier, or in the midst of hostile 
tribes, a Colonia was established according to the policy already explained (see 
above, p. 38.) 

1 Extended information on the subjects treated of in this chapter will be found in the 
Prolusion of Heyne, entitled “ Leges Agrariae pestiferae et execrabiles,” contained in the 
fourth volume of his “ Academica in the chapters of Niebuhr's Roman History, “ On the 
Public Land and its Occupation ’'—‘‘The Assignments of Land before the time of Sp. 
Cassius’’—“The Agrarian Law of Sp. Cassius,” and “The Licinian Rogations.” Our 
most valuable ancient authority is Appian. B.C. 1.7. seqq. whom Niebuhr supposes to have 
here followed Posidonius. 

2 Consisting, probably, chiefly of pasture land, and hence Paacua was the ancient term for 
the revenue of the state, from whatever source derived. See Plin. H.N. XVIII. 3. 

3 Liv II. 41. VIII. 1. 

4 Liv. XXXVI. 39. 

6 Liv. XXVI. 16. 

Q 


226 


the public lands and the agrarian laws. 


™ ml overt Knertv ^ *> be A * er PMi ™’ a "« 
were concerned, to the conditions of tile H2 charter (}orJl )“ C ° l0nie3 

f eft “ thC hands of '‘ he »#»- 

who held the land on lease for i fived T ,n? mec ! h 0 ™ own f rs in to mere tenants, 
Exchequer for the farms which they occinded ^ nd P ai ^ . a fair r ® nt to the Roman 
t he property of the state and formed parfof the Ager^ct" 

whif? had'^been^la^waste bythe^o an ^ n ^ ements with regard to the lands 
different description. Here the farm^ousesfl 0 i' < ^ ar -i?? usfc h J ve been of a ver 7 
would be in ruins, the population I-ilUl ?° d bm,cbn & s of every description 
cut down or destroyed Z rnZnh p the ™es ^ fruit trees 

required to render them ao-ain nrnl ^ J lluc 1 T ab ? ur ’ bllt Earge capital would be 
wild pasture land woSfe^s^H^^ * ?****' the wide ranges of 

with flocks and herds and to provk t t™ 7 Wh ° WGre able to stock them 
property. guard their 

persons to enter upon the occupation of ,r • ' C a ® es at ie!>st > of mviting 
the payment, viz of one3nth of the - d ? CtS T" '’ ei 7 favourable terms, 
produce of vines and Sttrees Z I */ n°'m'f ds ’ and one - mh °f the 
under cultivation, and of a moderate ‘ ^ sb ? ad bave been a gam brought 
on the public pastures. These lands fpl/ P61 iead Por sheep and cattle grazing 
ages, into the hands of the Patrir tn 1’ i * T tte ;° f course ’ in tlmearlie? 
capital, and afterwards the wealthy PIpLp' XC US i 1Ve T’ ^ ° nly class Pressed of 
who so occupied the lands ZeZ if p T als ° ° btained a ^ The persons 
hold leases for a fixed period but wereV^^ ° f tb f, State 5 bllt they did not 
possession so long as the state did n J ^ en ^ nts at Wlll > ( precario ,) who kept 
purpose, but who might be lawful v efo ted^T t0 ^ tbe land to" any other 
the one hand no hugtho^ocZX^M 8t "f e th ° ll 8 ht On 

occupier, for it was a fundamental principle of RoZnV^ti^ pr0per f y . upon the 
not be pleaded against the state • but nn +1 f i **} a T’ tbat P rescri ption could 
the state ever attemptedtodtaS™ , 1°- ^ k does not «PPe« that 
occupier, but when it resumed possession it [ ‘ “ f “ rd f *° make room for another 
land to a different purnose Henc, 3 • f ( tlle P ur P ose of *ppljing the 
to be dispossessed at anytime by’the state* 'mf'li/ST !-" K,S ’ al , tlw ."S' h liabl ° 
possession of these lands for many generations’- 3 ti,e 1 f?"'" 7 d ' d ’ retaia 

SiS“-3 

»i.ed P 'XVi3 U and ^ ™ 

=5 


tenure, (Cm" In Ver~ V ‘f eq % 8ome of the lands in Sicily were held 

or property, and is opposed to Unu, the mere right'ofoccupancy' 1 ^”"uh ?/1 , iS the old *°rd 
Vitaque inancipio null, datur omnibus 1’ LUCreUan ‘ ine - 


THE PUBLIC LANDS AND THE AGRARIAN LAWS. 


227 


1. Those who had entered upon farms in full cultivation, who held leases for 
a limited period, and who paid a fair rent for the land. Such individuals might be 
either the original owners, or Homan citizens, or any persons whatsoever. They 
stood in the same relation to the state as an ordinary tenant to his landlord in 
modern times; and it, at the termination of the lease, either party was dissatis¬ 
fied, the connection would terminate without the other having a right to 
complain. 

2. Those who had entered upon the occupation of land lying waste and 
desolate in consequence of the ravages of war or from any other cause, who 
weie bound, as the land was reclaimed, to pay to the state a certain moderate 
proportion of the produce, and who were tenants at will, upon an understanding, 
however, that they were not liable to be displaced in order to make room for 
anothei lent-paying tenant. The state reserved to itself the power of resuming 
possession when it thought fit, and unquestionably had a legal right at any time 
to eject the tenant; but it does not follow that this right could at all times be 
exercised with equity, especially after long occupation. Those who, in the first 
instance, had become the tenants of the state, had probably in most cases 
expended large sums in the erection of buildings, in the purchase of slaves and 
agiicultural stocking, and in improvements of various descriptions. As the 
productiveness of the land was increased, the tax of one-tenth or one-fifth, as the 
case might be, would become less and less burdensome, and a very large reversion 
would accrue to the occupier, the result, in a great measure, of his own industry, 
skill, and capital. Here it is evident, that if the state, after allowing such 
occupants to remain in occupation for a lengthened period, and encouraging 
them to invest larger and larger sums in improvements, had suddenly required 
them to remove, without, at the same time, offering adequate compensation, it 
would have been guilty of gross injustice and bad faith. But this was not all. 
Land held in this manner being a source of great profit, the right of occupancy 
w r as, as we have mentioned above, frequently sold and transferred from one 
occupier to another for a large sum, and the validity of such sales and con¬ 
veyances was fully recognized by law. Hence, if the state, by allowing occupation 
to remain undisturbed for generations, had, as it were, permitted the precarious 
nature of the tenure to fall out of view, the purchaser who had paid a large sum 
for the right of occupancy "would have naturally regarded the sudden resumption 
by the state as little better than an arbitrary confiscation of his fortune. 

The original occupiers of the public pastures were in a more favourable position, 
because here the capital was not sunk in buildings or in the improvement of the 
soil, but was laid out upon cattle and slaves, which were at all times sure of 
finding purchasers, although loss might be sustained by forced sales. Those, 
however, who had purchased the right of pasturing their stock upon a particular 
district would, as a matter of course, have lost the purchase money if called upon 
by the state to surrender their right soon after they had acquired it. 

Having thus explained the origin of the Ager Publicus and its occupation, we 
now proceed to consider the 

lieges Agrariae.— It is impossible to form a distinct idea of the Roman 
constitution unless we fully comprehend the nature and object of the laws so 
frequently mentioned by historians under this appellation—laws which were upon 
many occasions the source of furious and fatal discord. Their character was 
totally mistaken by scholars for many centuries after the revival of letters. It 
was universally believed that they were intended to prohibit Roman citizens from 
holding property in land above a certain amount, and for confiscating and dividing 


228 


THE PUBLIC LANDS AND THE AGRARIAN LAWS. 


among the poorer members of the community the estates of private persons in so 
tar as they exceeded the prescribed limits. Although the expediency of such a 
doctrine was never recognized in any well regulated state, ancient or modern, 
although it is at variance both with the principles and practice of the Roman 
constitution, and although the expressions of ancient writers, when correctly 
interpreted, give no support to the supposition that such ideas were ever 
mooted, yet the opinions first broached with regard to the Agrarian Laws were 
received and transmitted by successive generations of learned men almost without 
suspicion, and the innumerable embarrassments and contradictions which they 
mvolved were overlooked or passed by in silence. It was not until the latter 
end of the last century, (1795,) amid the excitement caused by the wild schemes 
ot the french revolutionary leaders, that Heyne first distinctly pointed out the 
real nature of these enactments. His views were almost immediately embraced 
by Heeren, while the penetrating and vigorous Niebuhr quickly perceiving and 
appiecia mg t len vast importance, brought all his vast learning and acuteness 
to bear upon the discussion, and succeeded so completely in developing and 
demonstrating the truth, that all are now astonished that the subject could have 
been so long and so grossly misunderstood. 1 

Sl - ch h milSt be re g arded > thus happily made, may be 
enunciated in the following’ proposition_ * 

The Leges Agrariae of the Romans were in no case intended to interfere 

Publicus^ CC ^ P rwa 't <i piopzity in land , hut related exclusively to the Ager 

„J he Ager , Publlcus having been acquired and occupied as explained above, 

to rZ a T ar0S T, in J r ess of time ’ es P eciall y among the tenants belonging 
d f SS ’ * i , ieSe bem £’ as we have seen ’ in the earlier ages, exclusively 
atncians, who, at the same time, monopolized the administration of public 

a '7 Wei V n Uie , hablt of defrauding the state, either by neglecting 

was^due o ° Si l P ? P ro P ortion of the P rodu ce, or by paying less than 
was due, oi, finally by claiming what was in reality Ager Publicus as their own 

dence aTof ^ of comse ’ in the ab *ence of all strict superinten¬ 

dence and of scientific surveys, to shift the land-marks which separated public 

fiorn private property. Meanwhile, the deficiencies in the public treasury were 
made up by heavier taxes; and the Plebeians complained that the/were 
unpoverished by new imposts, while the lands belonging to the com/unitv 
w ic ey had acquired by their blood, if fairly managed, would yield a sufficient 

amZ 3 thZtt} de ™" ds ”P° n | he Exche quer, or, if portioned out in allotments 
T| // g tbemse . Ives > afford them the means of supporting the increased burdens 

exDressed ra nnT/’ miqu . est ' oaabl y /minded in justice, were soon vehemently 
expiessed, and were revived from time to time more or less loudly and enforced 

wvrvH ° r i SS eai ’ nest y j according to the state of public feeling and the energy of the 

Ifc 1S t n ne ’ that the wealthier Plebeians soon became"tenants 
e . ^f/ er Publicus as well as the Patricians ; but although this circumstance 
materially strengthened the hands of the occupiers, it did not improve the 
condition of the poor or make them less keenly alive to the injustice of the system 
against which they protested. Hence, from an early period in the commonwealth 

*:ZiT iae e Sl V l 0yed f m0St formidable a » d efficient weapons of offence 
by the Tribunes of the Plebs, and by the leaders of the democratic party. 

aboutThe^year t827 ^roceeled^uoon 1 Encyclopedia Metropolitana 
i ntended t o 1 i m i t pri vate/ropertv ° Bofnrp S t!»hr«h'° n , tha f thc ,aws of the Gracchi were 
was printed about eleven years later, he hadCl^do^ted the vSs 0 


THE PUBLIC LANDS AND THE AGRARIAN LAWS. 


229 


According to our definition, the term Lex Agraria will include any enactment 
with regard to the disposal of the Ager Publicus; but it was usually employed to 
denote, (1.) Those measures which had for their object a reform in management 
of the public lands, by enforcing the regular payment of rent on the part of the 
occupiers, prohibiting them from occupying more than a certain extent, demanding 
the surrender of portions and dividing these in small allotments among the poorer 
citizens; and, (2.) Those which were intended to prevent the occupation of 
newly accquired territory, by insisting upon its immediate application to the 
establishment of colonies or its distribution to individuals ( viritim .) It is manifest 
that Agrarian Laws, belonging to the first class, were those which would give 
rise to the most bitter contests, because they would more nearly affect existing 
interests. 

The first Agrarian Law upon record was the Lex Cassia , proposed and passed 
by Sp. Cassius Viscellinus when Consul, B.C. 486, (turn primum Lex Agraria 
promulgata est , nunquam deinde usque ad lianc memoriam sine maximis moti- 
bus rerum agitata .) Cassius was a Patrician, and the measure must, in all 
probability, have originated in some intestine feud among the dominant class. 
His opponents proved too strong for him ; for as soon as he laid down his office 
he was impeached of treason and put to death, while his law, regarding the 
provisions of which we have no precise information, seems not to have been 
enforced. 1 We hear no more of Agrarian Laws, until the years B.C. 424, 2 3 4 417. 
416, 3 when much agitation prevailed on the subject, but without any marked 
result. By far the most important measure of this class was the Lex Licinia , 
carried, after a protracted struggle, by C. Licinius Stolo, in B.C. 367, 4 which 
served as the foundation of almost all later Agrarian Laws. The chief provisions 
were— 

1. That no one should occupy more than five hundred jugers of the Ager 
Publicus (ne quis plus D. iugera agri possideret .) 5 

2. That no one should have more than a hundred large and five hundred small 
cattle grazing upon the public pastures. 6 

3. That each occupant of the Ager Publicus should employ a certain proportion 
of free labourers in cultivating it. 7 

The enforcement of these regulations seems to have been intrusted to the 
Plebeian Aediles, whom we find, on several occasions, prosecuting and fining 
those who had transgressed; 8 one of the first convictions under the new law 
being that of C. Licinius Stolo himself wiio had, by a legal fraud, obtained 
possession of one thousand jugers, and was, in consequence, sentenced to pay 
ten thousand asses. 9 

In addition to these fundamental provisions, the law would doubtless contain 
regulations for ascertaining correctly the boundaries of the Ager Publicus and 
private property, for the regular payment of rent to the state on the part of the 
occupants, and for ascertaining the amount to be paid in each case. Niebuhr 
has endeavoured to reproduce the law in full; but in descending to details, we 


1 Liv. IT. 41. Dionys. VIII. 7G. 

2 Liv. IV. 31. Agri pub/ici dividendi colontarumque deducendarum spes oatcntatae. 

3 Liv. IV. 47. 48. Dtscordiu do mi ex agrariis legibus fuit . et quum (Tribuni) legem 

promulgasxent ut ager ex hostibus cup tun viritim divideretur, Ac. 

4 Liv. VI. 42. 

6 Liv. VI. 35. 

6 Appian. B.C. I. 7. 8. 

7 Appian. 1 c. „ 

8 e.g. Liv. X. 13. 23. 47. XXXIII. 42. XXXV. 10. Ovid. Fast. V. 283. 

8 Liv. VII. 1G. 



230 


THE PUBLIC LANDS AND THE AGRARIAN LAWS. 


IlTV'n 6 . EngffrZ I 670 ” 13, C °" jeCture - (See Niebuhr ’s Roman History, Vol. 

walmXtoInt^,? vfT“ ^ ‘ he pass:n S of t,,e L « LicMa ™ attempt 
was made to mterfeie with the actual occupants of the Aqer PuMicus Mean¬ 
while immense additions had been made to the domains of the commonweMth 
(uimg the contests which terminated in the subjugation of all Italy, and durino- 

which had revoltedTo’TT 7 | C0nf J' scatl0ns of lancls belonging to those states 
y C f levolted to Hannibal Large portions of the territory thus acquired 

ad it is true, been assigned to the faithful allies of Rome, had been disposed of 
the foundation of colonies, and made over to the veterans of Scipio birt at the 
same time, vast tracts had been retained as Aqer PuMicus • and no divls?™’ 
t le poorer citizens individually (virithn) had taken place since the Lex Ae-ram 

SMS M ", f f St 0f S -ate, by C. k nuni™ 

sonih a y •' 23 ^ n ? e ™ S of which the ] ands conquered from the Senones 
south of Arnnmum, had been portioned out in small lots; and hence the district 

lecmed the name of Ager Gallicus Piomanus. 1 Moreover although the Ter 
icima had never been repealed, the most important provisions had been violated 
A h rge number of the wealthier families had gradually become occup™nfmiy 

iltd'S le L^!;r h ^T' 1 , inherit ” ce ’ of: ™ 

further amount of two hundred and fifty iuo-er^fn • & ffi . sIlould be allowed a 
two, so that no one should hold fm-i ^ u* b 1 V* 330 .! 1 °‘ 11S sons i n °t exceeding 
jugers; that Z:'lX tft™? “j” T, 

(see „ 22fi i .w f - S ' 1 18 evident - from what has been said above 

this " atare »Menl7 introduced; 
entail heavy loi ™S 1° com P ens ? tlo n n certain cases, would 

amount to a confiscation of property P Hence *the 'h°!| M ’ m '"'"V instaDces > 

violent opposition; but it was passed notwithstandit “j ™tandit^ the - m -° 8t 
appointed to carry it into effect The diffizfon- a , , . 2 commission 

encountered at every step rendered" the nmorp^flv obstinate opposition 
reader of history is weh aware that thU g n 1S 1 b ° dj ver 7 * hw ’' and tb « 
Gracchus and hVbrXi were seaside el 1 aT e ” aCtment8 of 
In the civil Strife which preceded the final dissolution of tlf commouweahh, 

Cio. Brut. 14. Acad. II, 5. De Inv. II, ir. Val. Max. V. i». 5. Varro R. R. I. 2 . p 0 l, b 

Ve „. „ 

pro Sext. 48. Victor 4a vir. ill. 64 . P ‘ ^ elldus II. 2 . Appian. B.C. I. 9 . Cic. 


THE TUBLIC LANDS AND THE AGRARIAN LAWS. 


231 


a very large portion of the public lands in Italy were alienated from the state and 
made over, by the establishment of military colonies, to the soldiers of the great 
commanders—Sulla, Pompeius, Julius Caesar, and the Triumvirs. A considerable 
quantity, however, still remained up to the time of Vespasian, by whom assign¬ 
ments in Samnium were made to his veterans, and the little that was left was 
disposed of by Domitian, after whose reign the state possessed scarcely any 
property in land in Italy. 

In addition to the Lex Cassia—Lex IJcinia — Lex Flaminia , and Lex 
Sempronia , which have been adverted to in the above sketch, the following 
Leges Agrariae deserve notice.— 

Lex Thoria , passed by Sp. Thorius, Tribune of the Plebs, B.C. 107. The 
object of this law, as far as we can gather from Appian, was to prohibit any 
farther distribution of land under the Lex Sempronia , and to ordain that the rents 
paid by the occupiers, who were to be left in undisturbed possession, should, in 
all time coming, be divided among the poorer citizens instead of being made over 
to the public Exchequer. 1 

Lex Appuleia , passed by L. Appulcius Saturninus when Tribune of the Plebs, 
B.C. 100. This was the law to which Q. Metellus Numidicus refused to swear 
obedience, and was, in consequence, forced to go into exile. 2 

Lex Servilia , proposed by P. Servilius Rullus, Tribune of the Plebs, B.C. 63, 
for the division of the Ager Campanus, and strenuously opposed by Cicero, in 
consequence of whose exertions it was thrown out. The speeches delivered 
Against this law throw much light upon various topics connected with the Ager 
Publicus . 3 

Lex Julia , passed by Julius Cussar during his Consulship, B.C. 59, in terms 
of which the Ager Campanus was distributed among twenty thousand citizens. 
It would appear that this territory was not occupied by large holders, but was 
portioned out in a number of small farms, and the holders of these were probably 
tenants belonging to the class described above (see p. 226.) Hence, there was 
no tumultuous opposition to this measure. The chief objection was the impolicy 
of depriving the state of the large revenue derived from this region which is 
described by Cicero as— Caput vestrae pecuniae, pads ornamentum, subsidium 
belli , fundamentum vectigalium , horreum legionum , solatium annonae (De leg. 
agr. il. 29.) * 

1 Appian. B.C. L 27. We have taken it for granted that the true reading in this passage 
is <S><5?«sf and not B oeioz. See also Cic. Brut. 36. De Orat. II 70. 

2 Liv. Epit. LXIX. Cic. pro Sest. 16. 47. Victor de vir. ill. 62. Appian. B.C. I. 29. 

3 See the speeches of Cicero against Rullus passim; also in Pison 2. 

4 Cic. ad Att. II. 16. 18. ad Fara. XIII. 4. Liv. Epit. CIII. Velleius II. 44. Suet. Caes. 20. 
Appian. B.C. II. 10. Plut. Cat. min. 31. 





























































CHAPTER VIII. 


THE ROMAN REVENUES. 1 


state Tims Plmy declares —Etiam nunc in Tabulis Censorii « Pa JL, , 
Bat hing 7 ^ « « nt «“ «-ek which blit 

buildings of aS descrills fn ’ 11° r0ads ’ brid S es ’ and P’-' Mi(1 

tanta lucra facit . 3 1 ^ ognotus , qui ex pubhcis vectigalibus 

tion of the produce of their soil, 'Vectimles • Tnd’thfll W1 ° pa ‘ d a P‘'°P or - 
occupying a more favourable position than the former Thd 0 reg f rded as 
are frequently used indifferently, and, in point ot fZ lh/ •™,’ bowever ’ 
cases, paid a portion of their tax P « P i 0t tact ’ the P rovi ncials, in many 

according to thither. accordln S ‘° oue V stem > ™ d a Portion 

tMslcrordtalasle'land was the _ n^ he ™nue derived from land was of two 
last chapter,) and the occupiers mri-Jv rlfl ° thc 6tate , (Ager Publicus , see 
duration, or was the absolute property ofllclpierstsubject to^certainlrdens 

2 Plin. H.N. XVIII. 3 . ’ * 

3 Cic. in Verr. III. 3 g. 

J,!iZ°£,Te l praiit^ l “ZrM J "ch in“v e “f' f B<nm H$ P °>"«ru,n, 


THE ROMAN REVENUES. 


233 


in favour of the state. In the former case, the Revenue received was, in the 
strictest sense, a rent paid by a tenant to his landlord, in the latter case, it was 
what we now term a land-tax. By far the larger portion of the public Revenue 
derived from land in Italy during the commonwealth proceeded from Ager 
Publicus , and was therefore rent. In the Provinces beyond the seas, on the other 
hand, Sicily, Sardinia, Africa, Macedonia, Asia, and others, the inhabitants were, 
for the most part, left in possession of their lands, but were required to pay a 
fixed sum in money or a certain proportion of the produce of the soil. The 
amount so paid would of course vary according to the circumstances of each 
particular Province and of each district; and we are acquainted with the details 
in a very few cases only. Rome, however, unquestionably possessed Ager 
Publicus in the Provinces as well as in Italy. Thus, we are told by Cicero that 
Sicily was the most favoured of all the Provinces ; for when it had passed into 
the hands of the Romans, the inhabitants paid them no more than they had 
previously paid to their own kings and rulers. But although this applied to 
Sicily generally, a few states were in a worse position— Perpaucae Siciliae 
civitates sunt bello subactae quorum ager cum esset publicus P. R. factus 
tamen illis est redditus. Is ager a censoribus locari solet. 1 In this case, 
although the ancient proprietors were allowed to remain on their estates, they were 
no longer proprietors, but tenants, who held upon short leases, and paid a full 
rent for the land which they occupied, and which the state might take from them 
at any time and dispose of at pleasure (p. 226.) So also many of the larger 
cities in the Provinces possessed, previous to their subjugation by the Romans, 
Ager Publicus of their own, which in certain cases they would be permitted 
to retain, while in others it would be transferred to their conquerors. 

This being premised, the Revenue derived from land, under whatever tenure 
it might be held, was divided into two heads, according as it was received from 
cultivated or uncultivated land. In the former case it was termed Decumae , in 
the latter, Scriptura. 

Decumae. —We have already pointed out (p. 226) that the occupiers of 
the Ager Publicus in Italy, who were tenants at will, paid to the state one- 
tenth of the produce of the arable lands. This was the proportion paid by the 
proprietors of estates in Sicily in the shape of land-tax, 1 2 and this was the 
amount of land-tax in Sardinia also; for we are expressly told that Csesar 
punished the Sulcitani in that island by ordering them to pay an eighth instead 
of a tithe ( etpro decumis octavas pendere iussi .) 3 The tithe being therefore 
the ordinary amount levied in Italy and in the Provinces first subdued, was used 
as the general term to denote the proportion of the produce of arable land paid 
to the state in the shape of rent or of land-tax, whatever that proportion might 
be in reality. Thus, although vineyards and oliveyards usually paid a fifth, this 
was included under the designation of Decumae; and Cicero, when enumerating 
the various extortions connived at by Yerres, uses such phrases as the following 
— Quid? Ames tr at ini miserly impositis ita magnis decumis, ut ipsis reliqui 
nihil fteret, nonne , &c. 4 A great mass of curious information with regard to 
the working of the tithe system in Sicily, in all its details, will be found embodied 
in the third oration of the second action against Yerres, the whole of that division 
of the speech being devoted to this subject. The occupiers of the public lands 

1 Cic. in Verr. III. 6. 

2 Cic. in Verr. III. 6. 8. et passim. 

3 Hist, de bello Afr. cap. ult. 

4 Cic. in Verr. III. 39, 


234 


the roman revenues. 


— to the 

by the climate and natU &If “T ; red " eces f'7 

flocks and herds on the public pastn.es were tomed ° Ut the ' r 

(adPu y ^^ ,toT of Revenue for the district 
land wSlSV^rat and the 

ZleTcZ P P ZZT on? 

X^oftl::SnTef bnTfSoVthtT S lh f ‘“""—St the 
from a violation of the Lex LicMaitl 7J^ e T P “° n distinguished 

of^that^w^owed tany^ne^dividual^p ^229) ^j^^p^tt^S^isions 

who ^Sproc^ 1 :; rtr 

ne^lXSf” 68 ^ S!d,y a,S °’ “ Asia ' ” "*«. -d doubtless in 

<-“ a e’ s«re ad o d Mai"ed 0 tm^stll^ ^7“ ““ ^ 

decree of the Sena^tbtethe^orking „S in^“tt m' "" 7*T 
silver, copper, iron, lead, and cinnabar the Diwrvo L’ 7 + mGS ° f g ° M ’ 
with great profit in the Provinces esneciallv in Sn« 7 i * l State ’, Were worked 
countries rich in mineral wealth f Mptnlln r * ain ’ !uch was above all other 
plumbi-mirdi; 

fodinae — argeniifodinae .) 6 In liko JLnr^ . p f e rm iae m ]niariae; auri~ 
quarries, (lapicidinae ) esneciallv the o-rinrl t’ evenue . was obtained from stone 
from chalk-pits, of 1 Crete, (Cotoriae,) r 

which were u.rned to^ac^anta^e^fron^a vm'y^early period 1 ^TlieR^’ Onhnpe,) 

from the value of the salt itself must he ^ 1 e revenue derived 

" ,h “ 

I Jdl; X * a3 -47- XXXIII.'42. XXXV.'10. 

True. I. ii. 41. seqq.™’ P ' S-V * Scn P turari ™, p. 333. Lucil. fragm. lib. XXVI Plant 
4 Varro l.c. ' Ul - 

6 Plin/H^N r XXX 2 II Vi 7 XXXlVio^ 4 ?™ 65 ‘ P]in ».N. XIX. 3. 15 

XLV.18.29, Strab. III.Vi46 IV ‘ 10 - I7 ‘ XXXVIL 13 - Liv. XXXIV 21. XXXIX 04 

7 Digest. XXXIX. iv. 15 24 - 

8 Digest. VII. i 13 . XXIV iii 7 

9 Plin. H.N. XXXI 7 I iv t' aa n- 

10 Liv. XXIX. 37 3a Clc - pro le &- Man. 7. 

II Liv. II. 9. 


THE ROMAN REVENUES. 


235 


Finally, under this head we may class the money raised from the sale of 
timber and from the tar works ( picariae ) in the public forests. 1 

Portoria.— The export and import dues levied at the various seaports in Italy 
and the Provinces formed another very important branch of Revenue. We hear 
of the existence of Portoria during the regal period, and of their temporary 
abolition by Publicola. 2 The amount of the Portoria was augmented as the 
empire itself extended, both by the vast increase of the foreign trade of Italy, 
and also by the duties levied in other countries, which were appropriated by the 
Roman treasury when the countries themselves were subjugated. 3 Q. Caecilius 
Metellus Nepos, when Praetor, (B.C. 60,) passed a law abolishing Portoria 
in Italy; 4 but they were revived by Caesar , 5 and continued by succeeding 
emperors. 6 

Furman has pointed out that the term Portorium , although properly denoting 
what we call Customs , was sometimes applied to a toll paid on crossing a bridge, 
and also to transit dues for goods merely passing through a country. 7 

It cannot be doubted that both the articles subject to duty and the amount of 
the duty must have varied for different places and for different periods; but 
upon these points we are almost totally destitute of information. It would appear 
that at Syracuse, in the time of Cicero, the Portoria were an ad valorem duty 
of five per cent. 8 Under the empire, the ordinary tax upon articles imported 
into Italy seems to have been two and a-half per cent, ad valorem; 9 and this 
is probably what Suetonius terms Publicum Quadragesimae. 10 

The Portoria , Decurnae , and Scriptura formed the three chief sources of 
Revenue during the most flourishing period of the republic, and as such, aie 
classed together by Cicero— Ita neque ex portu , neque ex decumis , neque ex 

scriptura vectigal conservari potest . saepe totius anni fructus uno 

rumore periculi , atque uno belli terrore, amittitur (Pro. leg. Man. 6.) 

Tritium in was a property tax, being a per centage levied upon the fortune 
of each Roman citizen, as rated in the books of the Censors. The sum raised 
in this manner does not appear to have been considerable until the practice of 
granting pay to the troops was introduced. Prom this time forward the proceeds 
of the Tributum were chiefly, if not altogether, applied to make provision for 
the aes militare and other expenses of war. 11 It was paid by all citizens who 
were censi , Patricians and Plebeians alike. 12 We find, indeed, on one occasion, 
a claim for exemption preferred by the pontiffs and augurs, but it was not 
allowed. 13 The amount raised annually varied according to the demands of the 
public service, and was fixed by the Senate, who were said indicere tributum , 
while the people correlatively were said conferre tributum. Since the amount 
required varied from year to year, the rate per cent, must, in like manner, 
have varied ; and we cannot feel certain that property of every description was 
rated equally. It is stated that Cato, whose Censorship (B.C. 184) was marked 

1 Cic. Brut. 22. Digest. L. xvi. 17. Vectigal salinarum, metallorum et picariarum. 

2 Liv. II. 9. Dionys. V. 22. 

3 Liv. XXXII. 7. XL. 51. Velleius II. 6. Cic. in Verr 72—75. de leg. agr. II. 29. 

4 Cic. ad Att. II. 16. comp, ad Q. F. I. 1. Dion Cass. XXXVII. 51. 

5 Suet. Caes. 43. 

6 Dion Cass. XLVIII. 34. Tacit. Ann. XIII. 51. 

7 Senec. de const, sap. 14. Plin. H.N. XII. 14. Sueton. Vitell. 14. 

8 Cic. in Verr. II. 75. 

9 Quintil. declam. 309. 

10 Sueton. Vesp. 1. comp. Symmach. Epp. V. 62. 63. 

11 Liv. IV. 60. V. 10. VI. 32. 

12 Liv. IV. 60. The relaxation mentioned in Liv. II. 9. does not appear to have been per. 
manent. 

13 Liv. XXXIII. 42. 



236 


THE ROMAN REVENUES. 


by singular severity, taxed certain articles of luxury at l-30th per cent, on a 
greatly exaggerated valuation. 1 

Tributum. seems to have been regularly levied from the institution of the 
Census by Servius Tullius 2 until the triumph of Aemilius Paulus, in B.C. 167, 
after the complete subjugation of Macedonia, when such vast sums were poured 
into the Roman treasury that this tax was abolished as no longer necessary 
{Omni Macedonian gaza, quae fuit maxima , potitus est Paulus: tantum in 
aerarium pecuniae invexit , ut unius imperatoris praeda Jinem attulerit tribu- 
torum .) 3 This immunity continued for one hundred and twenty-four years; 
but in the Consulship of Hirtius and Pansa, (B.C. 43,) a few months only after 
Cicero wrote the paragraph quoted above, the impoverished state of the exchequer 
rendered it necessary to reimpose the Tributum , which was regularly levied 
under the empire. 4 

. Although Tributum , in the restricted sense of the word, was paid by Roman 
citizens alone, a tax ot the same nature, and sometimes designated by the same 
name, was levied in the Provinces also. Thus, we are told by Cicero, that in 
Sicily— Omnes Siculi ex censu quotannis tributa conferunt; 5 6 we hear from the 
same authority of a poll tax in the Province of Cilicia, which included part of 
Phiygia, {audivimus nihil aliud nisi imperata titcz~hicz solvi non posse ,) 3 
and Appian, 7 who flourished under Hadrian, informs us that in his time the 
Syrians and Cilicians paid a poll tax annually, amounting to one per cent, on 
the property of each individual; but that the impost on the Jews was heavier 
in consequence of their frequent rebellions. 

Another tax, dating from an early period of the commonwealth, was the_ 

Vigesima Manumissionum—a duty of five per cent, on the value of 
manumitted slaves. This tax was instituted B.C. 357, under very extraordinary 
circumstances, the law by which it was imposed having been passed, not in the 
Comitia at Rome, but in the camp at Sutrium. 8 This is the tax spoken of by 
Cicero when he says —Portoriis Italiae sublatis , agro Campano diviso , quod 
vectigal superest domesticum , praeter vicesimam? 9 and it appears to have con¬ 
tinued without change until the reign of Caracalla, (A.D. 211—217,) by whom 
it was raised to ten per cent. ; {decima manumissionum ;) but his immediate 
successor Macrinus reduced it to the original rate. 10 11 The money realised from this 
source was termed Aurum Vicesimarium , and in the earlier ages of the republic 
was hoarded, “ in sanctiore aerario ,” to meet extraordinary emergencies. 11 

The charges entailed by the large standing armies maintained under the empire, 
and the bounties paid to soldiers on their discharge, taken in connection with the 
rapid diminution of the Revenue derived from the Ager Publicus in Italy, rendered 

the imposition of new taxes inevitable. The most remarkable of these were_ 

Vectigal IScrtim Vcnnlium—This was introduced after the civil wars, and 
consisted of a per centage levied upon all commodities sold by auction or in 


1 Liv. XXXIX. 4t. 

2 Dionys. IV. 15. 19. 

3 Cic. de Off. II. 22 . and so also Plin. H.N. XXXIII. 3. 

4 Plut. Aem. Paul. 38. Cic. ad Fam. XII. 30. Philipp. II. 37. 

5 Cic. in Verr. II. 53 and following chapters. 

6 Cic. ad Att. V. 16. comp, ad Fam. III. 8. 

7 Appian de rebus Syr. 50. 

P Liv VII. 16. Ab < ultero consule nihil mrmorabile gestum : nisi quod legem 
Sutrium in castris trihntim de vicesima eorum, qui manumitterentur. tnht ’ 

9 Cic. ad Att. II. 16. ’ 

10 Dion Cass. LXXVII. 9. LXXVIII. 12. 

11 Liv. XXVII. 10. 


novo exemplo ad 


THE ROMAN REVENUES. 


237 


open market. It was originally one per cent, upon the price ( centesima rerum 
venalium .) Tiberius, soon after his accession to the throne, was earnestly solicited 
to abolish this tax; but he refused upon the 
plea— militare aerarium eo subsidio niti. 

Two years afterwards, however, (A.I). 17,) 
when Cappadocia was reduced to a Province, 
he lowered the duty to one half per cent. 

(ducentesimam in posterum statuit;) but in 
A.I). 31 he found it necessary to return to 
the centesima , which was finally abolished by Caligula in A.D. 38, a concession 
commemorated upon the small brass coins of that emperor by the letters R.CC. 
(remissis centesimis ,) as may be seen in the annexed cut. 1 

Vcciigai Mancipiorum Venaisima. —The last mentioned tax did not apply 
to the sale of slaves, upon the price of whom Augustus levied a duty of two per 
cent. ( quinquagesima ,) which he applied to military purposes and to the payment 
of night Avatchmen. This two per cent, had been augmented to four per cent, 
before the second Consulship of Nero, (A.D. 56,) by whom it was at that time 
modified in so far that he made it payable by the seller and not by the buyer 
( Vectigal quoque quintae et vicesimae venalium mancipiorum remissum , specie 
magis quam vi, $*c.) 2 



vigcsima lEcrcdltatium. —Instituted by Augustus A.D. 6. It was, as the 
name implies, a tax of five per cent, on successions and legacies, none being 
exempt except very near relations, ruv re aw cvyytvuvQ that is, probably, 

those who were technically termed sui heredes and poor persons who inherited 
to a small amount. 3 The discontent occasioned by this impost was deep, and 
was loudly expressed, and the people submitted only from a dread of something 
still more obnoxious. 4 Modifications Avere introduced by Nerva and Trajan; but 
no important change took place until the reign of Caracalla, by whom, in this case 
as well as in the vigesima manumissionum , the five per cent, was raised to ten per 
cent.; but his successor Macrinus restored matters to their former footing . c 

Quadragesima JLitium. —Among the various new taxes ( vectigalia nova 
et inaudita ) imposed by Caligula, was a duty 
of two and a-half per cent, on the amount in 
dispute in all suits at law (pro litibus atque 
iudiciis , ubicumque conceptis , quadragesima 
summae de qua litigaretur.) Q This was 
probably the tax whose abolition is commem¬ 
orated, on large brasses of Galba, by the 
legend R. XL. or Remissae XXXX. or Quad- 

RAGENS. ReMISSAE. 

What the Quadragesima and Quinqua¬ 
gesima , repealed by Nero may have been Ave 
have no means of deciding; but the words of 
the historian, Avho records their abolition, seem 



to imply that they were illegal exactions. 

1 The chief authorities regarding the Centesima are, Tacit. Ann. I. 78. II. 42. 

LVIII. 16. LIX. 9. Suet. Cal. 16. 

2 Dion Cass. LV. 31. Tacit. Ann. XIII. 31. 

3 Dion Cass. LV. 25. Suet. Octav. 49. 

\ pin 0 Paneg^se! ioion Cass. LXXVII. 9. LXXVIII. 12. comp. Ulpian. in collat 


Dion Cass. 


leg. 


Mos. tit. X V I. § ult. 

6 Suet. Cal. 40. 

7 Tacit. Ann. XIII. 51. 








238 


THE ROMAN REVENUES. 


Mode of Collecting she Revenue.—The Roman Revenue was, for the most 
part, not collected directly, but the different taxes in Italy and in the Provinces 
■vveie farmed out, that is, were let upon lease to contractors, who undertook, at 
their* own risk and cost, to levy the dues, and to pay a fixed sum annually into 
the treasury. 

The persons who entered into these contracts with the state were regarded as 
forming a distinct class, ( ordo ,) and were all comprehended under the general 
name of Publicani ; {quia publico fruuntur ;) but those who filmed particular 
taxes were frequently distinguished by a title derived from the impost in which 
t ley veie specially interested, and thus the terms Decumani, Scripturarii , and 
J^oi titoi es are applied to the lessees of the Decumae , Scriptura , and Portoria • 
the persons from whom these taxes were collected being respectively the Aratores\ 
Pecuarii , and Mercator es. Occasionally also, the contractors who farmed the 
taxes of a particular district or Province were named from the country in question 
and hence Asiam is used by Cicero to denote the Publicani who farmed the 
Revenues of the Roman Province of Asia. 2 

The state, in granting the lease, was said locare vectigalia , and the process 
was called loccitio; those who took the lease were said conducere or redimere, 
and hence redemtores , which is a general term for contractors of any kind, is 
sometimes employed as synonymous with Publicani. 

To farm the Revenues, or even a portion of the Revenues, of a large Province, 
required an immense establishment of slaves and subordinates of every kind, as 
well as vast warehouses for storing, and fleets of merchantmen for transporting 
i oni place to place, the produce collected. An enterprise of this magnitude was 
obviously beyond the means of any private individual, however wealthy, and was 
always undertaken by joint stock companies, which were called societates , the 
partners being termed socii. The Publicani had become a body of importance 
as early as the second Punic war, 3 and their numbers, wealth, and influence 
increased with the extension of the Roman empire and the increase of its Revenue. 
Hie societates , during the last century of the republic and under the early 
emperors, were composed chiefly of members of the Equestrian order, who, as 
we have already explained, (p. 74,) were in reality the class of monied men. 
In tact, the Equites , as a body, may be said to have had a monopoly of this 
department of mercantile speculation; and in all matters relating to the collec- 
tion of the public revenue Equites and Publicani became convertible terms. 
Although the Romans looked with little respect upon traffic conducted upon 
a small scale the Publicani were always treated with great respect; and by 
Cicero, who, however had a special object in view, they are complimented in 
the most lngh flown language— Flos emm equitum Romanorum , ornamentum 
civitatis, firmamentum reipublicae, Publicanorum ordine continetur ; (Pro. 
llanc. 9;) and it would appear that among the different classes of Publicani 
the farmers of the Decumae held the most honourable place— DecumanL hoc est 
pnncipes et quasi Senator es publicanorum (In. Verr. II. 71.) 

The duty of letting the different branches of the Revenue to tl.e Publicani 
devolved, as we have seen, (p. 169,) on the Censors, and hence these leases 

2 Cic. ad Att I. 17. 

S Liv. XXIII. 48. 49. 

* Tacit. Ann. IV. 6. 


THE ROMAN REVENUES. 


239 


were generally for a period of five years. The locatio of the taxes for all 
the Irovinces, except Sicily, 1 took place in the forum, by public auction; the 
upset price was augmented by the bidding ( licitatione ) of the competitors, the 
person who offered the advance holding up his finger, hence the phrases tollere 
digital)) digito liceri. - Sometimes, led away by the ardour of competition, a 
sum was ottered beyond the real value of the tax: and we find examples of the 
Publicani petitioning the Senate to cancel, or at least modify, the terms of the 
bargain (Asiani, qui de Censoribus conduxerant , questi sunt in Senatu , se 
cupiditate prolapsos, nimium magno conduxisse: ut induceretur locatio postu- 
laverunt . 3 

Each Societas had a chairman or president called Man ceps , 4 who conducted 
the bidding at these auctions, (hence termed auctor emptionis ,) and who gave 
security to the state for the due performance of the conditions of the sale and the 
terms of the contract , 6 which, from being drawn up by the Censors, were called 
Leges Censoriae. In addition to the Manceps , each Societas had a Manager 
styled Magister Societatis , 6 a business man, who generally remained at Rome, 
kept the accounts, conducted the correspondence, and exercised a general super¬ 
intendence over the affairs of the company. Under his immediate control were a 
number of officials, who took charge of different departments, and these inspectors 
were said dare operas pro magistro or esse in operis societatis ; hence we find 
in Cicero such expressions as the following— P. Terentius , nieus necessarius , 
operas in portu et scriptura Asiae pro magistro dedit: — In maiorem modum 
a te peto , Cn. Papium , qui est in operis eius societatis , tueare , curesque ut 
eius operae quani gratissimae sint sociis—Canuleius vero , qui in portu Syra- 
cusis operas dabat , 7 &c. 

Although nearly the whole of the Roman Revenue was collected according to 
the s) stein described above, the Tributum , paid by Roman citizens, formed 
an exception. This tax was originally applied to the payment of the army, (aes 
militare ,) and was, it would seem, levied by persons entitled Tribuni aerarii , 
by whom it was disbursed to the soldiers, without passing through the public 
treasury. Every thing, however, connected with these Tribuni aerarii is 
involved in the greatest obscurity and doubt. 8 

r i'o?ai Revenue.—It has been stated, on the authority of riutarch, (Pomp. 
45,) that the total amount of the income of the state, from every source, was, 
before the conquests of Pompeius in the east, 200 millions of Sesterces, and that 
it was increased by him to 340 millions, the former sum being equivalent, in 
round numbers, to £1,600,000 sterling, the latter to £2,800,000. But it is 
scarcely possible to believe that either of these sums would have been sufficient 
to cover the expenditure of the commonwealth at that epoch ; and it will be seen, 
upon referring to the original, that the words of the biographer do not necessarily 
imply that he comprehended the whole revenue derived by Rome from all her 

1 The taxes of Sicily were let in the island itself. Cic. in Verr. II. 3. G4. 

2 See Cic. in Verr. I. 54. III. 11. 

3 Cic. ad Att. I 17. 

4 Paul Diac. s.v. Manceps, p. 151. Pseud. Ascon. in Cic. div. in Q. C. 10. says— Mancipes 
publicanorvm principes, and hence Mancpes is sometimes used as equivalent to Publicani ’ 

5 Varro L. L V. § 10. Ascon. ad Cic. in Verr. 1.54. Polyb. VI. 15. 

6 e.g. Cn. Plannus, eques Romanus, princeps inter suos, maximarum societatum auctor 
plurimarum magister. Cic. pro Plane. 13. 

7 Cic. ad Att. XI. 10. ad Earn. XIII, 9. in Verr. II. 70. comp, in Verr. III. 41. ad Earn. 
XIII. 65. 

8 See Plaut. Aul. III. 8. 52. Cato ap. Aul Gell. IX. 10. Varro. L.L. V. § 181. Paul. Diac. 
s.v. aerarii tribuni, p. 2. Pseud Ascon. ad Cic. in Verr. t 13. Everything known upon 
this subject will be found in the essay of Madvig, De Tribunis Aerariis, contained in ihe 
second volume of his Opuscula Academica. 


240 


THE ROMAN REVENUES. 


possessions, and very probably his observation applied to the Eastern Provinces 
alone, 1 Gibbon has calculated (Decline and Fall, Chapter VI.) that the general 
income of the Roman Provinces could seldom have amounted, after the accession 
of Augustus, to less than fifteen or twenty millions of our money, while both 
Wenck and Guizot consider this estimate too low. 


, .. £ 0 ? Oc Tovroii, Hitcn ruv on fjoveioobis lx tt\£v 

V'TYi^X'OV, IX S MV OUJTO; Tr^OtriXTytMOTO TYl ffOXit, fAVgl&SctS OXTOtXItrXlhlOiZ nlVTOCXOtriOt,? XocuSoivou- 

ffi \- Moreover, these expressions, if strictly interpreted, must mean that the sum of 310 
millions ot Sesterces (85 millions of drachmae) was added by Pompieus to the former revenue, 
not that the revenue was made up to that sum by his conquests. 





( 4 ) 



Sacred Utensils, (see page 343,) from the frieze of the temple of Jupiter Tonans at Rome. 























CHAPTER IX. 


ROMAN LAW AND THE ADMINISTRATION OF JUSTICE. 


It must not be supposed that we are now about to sketch even a faint outline 
or Roman Law considered as a science. To execute such an undertaking in a 
satisfactory manner would require the space of a large volume instead of a sliort 
(ur object 1S very limited. We propose—In the first place, to name 
the different sources from which Roman Law was derived. In the second place, 
to advert very briefly to those portions of the national code, a certain acquain¬ 
tance with which is absolutely indispensable before we can form a distinct idea 
of the political and social state of the people ; and here we must confine ourselves 
to an exposition of the broad and simple principles recognised and understood 
by the community at large, without attempting to explain the complicated 
modifications and subtle, refinements which were introduced by jurisconsults, 
especially under the empire. Lastly, to convey a general idea of the mode of 
piocedure, both in civil suits and in criminal impeachments. 1 

It will be remembered that in chapter III. p. 80, we made a statement of the 
characteristic rights of Roman citizens and of the subdivisions of those rights. 
The his Suffragii. and the las Honorum we have now discussed and illustrated 
as fully as our limits will permit; and in addition to what has been already said 
regarding the I us Provocation ™, some farther remarks will be made in the 
concluding portion of this chapter, when treating of criminal trials. As yet we 
ha\e said nothing upon .the Ius Connubii and the Ius Commercii , the former 
comprehending the relations existing between parents and children as well as 
between husbands and wives, the latter embracing the different modes in which 
property might be legally acquired, held, transferred and defended. These topics 
will now occupy our attention ; but before entering upon any portion of the Civil 
Law, we must examine into the foundations on which it rested. 


Signification of die word ins. —Ius, when used in a general sense, answers 
to our word Law in its widest acceptation. It denotes, not one particular law nor 
collection of laws, but the entire body of principles, rules and statutes, whether 
written or unwritten, by which the public and the private rights, the duties and 


1 The following works will be found highly useful to the student who may desire to 
examine closely into the topics touched upon in this chapter.—Corpus Iuris Civil’s Ante- 
lustiniani, edd. /decking, Bethmnnn.HoUweg. &c. Bonn. 1835, Ikc.—Hugo, Lehrbuch d. 
Geschichte d Roemischen Rechts bis auf Iustinian, Berlin, 1832 (eleventh edition ) -Savignv, 
Geschichte d. Roenucshen Rechts im Mittelalter; the Das Recht des Besitzes, and indeed 
?!L the writings of the same author. -B^thmanruHollweg, Handbuch d. Civilprocesses Bonn 
1834 — Annmern, Geschichte d Roemischen Privatrechts, Heidelb. 1826 —Rein Das Roel 
mische Privatrecht und der Oilprocess, Leips 1836 —Rein, Das Criminalrecht d. Roemer, 
neips. 1844— Geib, Geschichte d. Roemischen Criminaiprocesses, Leips. 1842. 

R 


242 


DIVISIONS OF IUS. 


the obligations of men, as members of a community, are defined, inculcated, 
protected and enforced. Roman writers usually recognise a threefold division—. 
1. lus Naturale —2. Ins Gentium —3. lus Civile. 

1. Ius Naturale, comprehending those duties which are acknowledged and 
performed by the great mass of mankind, whether civilized or barbarous. Such 
are, the union of the sexes in marriage or otherwise, the rearing of children, and 
the submission of the latter to their parents. 

2. Ins Gentium , comprehending the principles of right and wrong, which are 
generally acknowledged and acted upon by all bodies of men who have attained 
to political organization— quod semper aequum et bonum est. Such are, the 
plain lules ol honesty and equity, the importance of truth, the expediency and 
necessity of adhering to treaties and compacts deliberately concluded. 

. For ,nost practical purposes the lus Naturae and the lus Gentium may be 
included under one head, the latter being, in reality, included in the former, 
and thus Cicero (Tusc. 1.13) declares— Consensio omnium gentium Lex Naturae 
putanda est. This will not, however, hold good universally; for, by the lus 
Natui ale all men enjoyed personal freedom, although the condition of slavery 
was recognised by all, or nearly all, the civilized nations of antiquity, and hence 
the remark of Florentinus (Dig. I. v. 4)— Servitus est constitutio iuris 
gentium qua quis dominio alierio contra naturam subiicitur. 

o. lus Civile , comprehending all the usages and laws which serve to regulate 
the internal administration of any particular community. Hence, when speaking 
of the Romans, lus Civile denotes the whole body of Roman Law, from what¬ 
ever source derived. 1 The most important of these sources we shall now 
proceed briefly to enumerate. 

L. le ?es XBI Tabuiai-MMI.— Formal laws were enacted under the kings, 
first m the Comitia Curiata, and subsequently in the Comitia Centuriata also, 
alter the establishment of that assembly by Servius Tullius. A few fragments 
of these Leges Regiae , as they were termed, have been preserved by Livy 
and Dionysius. 2 We have no reason, however, to suppose that any attempt was 
made to draw up and introduce a system which should establish general principles 
and rules of practice, binding upon all classes of the community, until the 
appointment of the ten commissioners—the Decemviri—for that special purpose 
m B.C. 451, fifty-nine years after the expulsion of the kings. We have already 
had occasion to mention (p. 151) that the result of their labours was the far- 
lamed Code of the XII Tables, which although necessarily brief and imperfect 
was ever after regarded as the spring in which the ample and constantly increasing 
stream of Roman Law took its rise (fons omnis publici privatique iuris.) 
During the period of the republic it was committed to memory by every well 
educated youth, (Cic. de legg. I. 5. II. 4,) and was regarded* with so much 
veneration that, after the lapse of two centuries and a-half, the most learned were 

unable to speak of the compilation without using the language of hyperbole_ 

Bibliothecas mehercule omnium philosophorum unus milii videtur XII Tabu - 


. 1 Sefi Gains I. § 1. Im Civile, as we shall point out below, is sometimes used bv Into 

in a restricted sense, to denote that particular source of Roman Law which was contained 

in the writings and opinions of celebrated jurists. 8 containe « 

B _ re . ™ odern foygeries. With regard to the 

1 to have 
Di?6st« 

Digest (L. xvi. 144.)" that it"was commented on byTranius in th ® 
See mrk “ n ’ v ™-“ ” 



SOURCES OF ROMAN LAW. 


243 


larum libellus , si quis legion fontes et capita viderit , et auctoritatis pondere 
et utilitatis ubertate superare , (Cic. de Orat. I. 44,) and again (De R. IY. 8) 

admtror necrerum solum sed verborum etiam elegantiam. 

The Leges XII I abularum were doubtless derived in part from the earlier 
Leges Regiae , and in part from the laws of other states, (p. 152,) but must, in all 
probability, have been founded chiefly upon long established use and wont, the Ins 
Consuetudinis ot Cicero, (De Inv. II. 22,) the lus non scriptum of later writers, 
■\\ hich, taking its rise in the tastes, habits and prejudices, as well as in the wants 
ot a people, long precedes statutory enactments, and long serves as a guiding 
rule in young communities which work out their own civilization. 

II. I.egcs Curiaiae—Laws passed in the Comitia Curiata. These can 
scarcely be accounted as a source ot Roman Law after the establishment of the 
republic, or, at all events, after the introduction of the Decemviral Code. 

III. I.oges Centurintac. —Laws passed in the Comitia Centuriata. These, 
from the first, were binding upon all orders in the state, and formed, during the 
republic one of the chief sources of Law. 

IY. I.cgcs Tribtitac «. Picbiscim.— Laws passed in the Comitia Tributa. 
These were, originally, binding upon the Plebeians alone; but after the passing 
of the Lex Valeria Hora'ia , in B.C. 449, confirmed and extended by the 
Lex Publilia, in B.C. 339, and by the Lex Hortensia , in B.C. 286, they 
. possessed the same efficacy as the Leges Centuriatae. See the details civen in 
p. 124. 

Y. Senatns-f'onsulta.— It was a subject of controversy among the jurists of 
the empire whether, even at that period, a decree of the Senate could be regarded 
as a law, (Gaius I. § 4. See above, pp. 229. 222.) and according to the theory 
of the constitution, it certainly could not. But in practice, even under the republic, 
although a decree of the Senate could not overturn any existing law, it was 
regarded as possessing the force of a law ( legis vicem obtinet ) in matters not 
provided for by an existing law. 

VI. JEiticta Magi*! racing tit —The higher magistrates, such as the Consuls, 
Praetors, Aediles, Quaestors, Censors, as well as the Provincial Governors and 
the Pontifices, were in the habit of publishing Edicta or public notices, with 
reference to the jurisdiction conferred by their respective offices; and these notices 
or proclamations constituted what was termed lus Honorarium. The magis¬ 
trates could in no sense be regarded as lawgivers; but those portions of their 
edicts which were adopted in the practice of the courts acquired, in process of 
time, the force of laws. By far the most important were the Edicta Praetorum , 
especially of the Praetor Urbanus, to whom was committed the control over civil 
suits. From an early period it became customary for the Praetor Urbanus, when 
he entered upon office, to put forth an Edictum , in which he stated the forms 
to which he would adhere in the administration of justice, and, at the same time, 
took occasion to explain or supply any details connected with the ordinary course 
of procedure, with the application of the laws, and with previous decisions which 
appeared obscure or imperfect. 

The Edict of the Praetor Urbanus, from being published regularly every year, 
was styled Edictum Perpetuum or Lex Annua , in contradistinction to an Edict 
referring to some special occurrence, termed Edictum Repentinum. These Edicta 
Perpetua being carefully preserved, began, in process of time, to be regarded as a 
source of law, in so far as its interpretation was concerned ; and in the days of 
Cicero the lus Praetovium was studied by youths along with the XII Tables. It 
was not uncommon for a Praetor to include in his Edict passages borrowed from 


244 


SOURCES OF ROMAN LAW. 


those of his predecessors ; and a section transferred in this manner was distin¬ 
guished as Caput Tralaticium . 1 

The Edicta of the Praetors, from the earliest times, were collected, arranged, 
and digested by Salvius Iulianus during the reign of Hadrian, and thus rendered 
more easily available. 

. ® es ludiealae. Praeiiidicia. —Decisions passed by a competent court 
in cases of doubt or difficulty, although not absolutely binding upon other judges, 
were naturally held to be of great weight when any similar combination of events 
happened to occur. 

VIII Respouaa Prudentium. Turis-Feritorum Anctoritas _The brevity 

with which the Laws of the XII Tables were expressed rendered explanations and 
commentaries absolutely necessary for the application and development of the 
code. Moreover, particular technical forms, called Legis Actiones , were intro¬ 
duced into the practice of the courts, and without the use of these no suit could 
be prosecuted. . Lastly, a certain number of days in the year were set apart for 
hearing civil suits, these days being termed Dies Fasti. All knowledge regarding 
t ese matters was, for a long period, confined to the Patricians, and especially to 
.° n 5 lfices ’ wll ° devoted themselves to legal studies, and who, as part of their 
official duty, regulated the Calendar. This knowledge was studiously concealed 
by a privileged few until, in B.C. 304, a certain Cn. Flavius, secretary (scribd) 
to Appius Claudius, divulged the carefully guarded secrets— Civile Ius, reposi- 
twn in penetralibus Pontificum , evulgavit, Fastosque circa forum in albo 
proposing ut, quando lege agi posset , sciretur— and published, for general use 
a collection of forms and technicalities, which was named Ius Flamanum. » 
rptfn Z h P d -Previously enjoyed a monoply of legal practice made an effort to 

retain their influence by drawing up a new set of forms; but these also were 

thStitKf C 7- ab T/^ C * 200 ’i hy u L ' AeliUS PaGtUS CatuS ’ in a work ( l uoted w»der 
tii 6 • J US ^ ianum i which appears to have contained the text of the XII 

JLabies, with a commentary and appropriate Legis Actiones. 3 The difficulties 

which had hitherto surrounded the study of Civil Law being now in a great 

measure removed, it attracted general attention, and towards the close of the 

republic was cultivated with so much diligence and zeal that it gradually assumed 

Moires "££, T pr 0 fe f rS were St - Vied Iu ™-P*-k Iurd-consulti , 

1 iris-auctores. Pei sons who were known to have devoted themselves to this 

pursuit were constantly appealed to for assistance and advice; treatises were 

drawn up and published by them on various branches; and it became common 

foi young men who were desirous to acquire distinction as pleaders to attach 

themselves for a time to some celebrated doctor, as Cicero did when he placed 

Q m M«cins Scaevola. 6 * Q ' a " d ’ afto his *•">. 

.^V a - te f0 .i Uw as a ® C T i ence increased 1111 der the empire, rising to its lnVhest 
point dunng the reign of Hadrian and his immediate successors; (AD. 130— 

-"’V T ast number of works were compiled, both upon general principles and 
on particular departments; and to this period belong the great names of Gains 
Papmianus, Ulpianus, Paulus and Modestinus. In proportion as statutes became 
more complicated, and the number of new and cmbaLs^ng 


Aul C Geil d IIi n l'8 lL2 ' m Verr ' L 42 ‘ IIL H * 44 ‘ de le SS- 1 5 * ad HI. 8. ad Attic. V. 21. 
VI. 9** IX. 46. Cic. pro Muraen. 10. ad Alt. VI. 1 . P i in . H.N. XXXIII. 1 . Aul Cell 
3 Cic. Brut. 20. de Oral. I. 56. III. 53. Cod. lustin. VII. vii. 1 . Digest. I. ii. 2. § 38. 


SOURCES OF ROMAN LAW—SYSTEMS OF ROMAN LAW. 


245 


arose out of a highly artificial state of society, increased, the value attached to 
the written treatises and oral responses of jurists of reputation was enhanced, 
and their importance was still farther augmented by an ordinance of Augustus, 
followed up by a decree of Hadrian, the effect of which was to confer upon the 
opinions of the most learned doctors, when in harmony w r ith each other, 1 the 
force of laws (Gaius I. § 7.) 

The term Iiis Civile is sometimes applied, in a restricted sense, by late writers 
to denote the Responsa Prudentium alone. 

IX. Constitutiones Priiicipuui. —We have seen that the popular assemblies 
were virtually suppressed soon after the downfal of the republic, (pp. 128. 129.) 
and thus the principal source of new laws was cut off. On the other hand, the 
legislative functions of the Senate were, ostensibly at least, greatly extended, 
(p. 222.) and the Emperor being viewed as the fountain of all civil as well as 
military power, decrees emanating from the imperial will had all the force of 
laws. These Constitutiones , as they were termed, assumed four forms. 

1. Edicta. —Ordinances with regard to matters in which new laws, or modi¬ 
fications of existing laws, were deemed requisite. 

2. Mandalci. —Instructions to magistrates and other officials. 

3. Rescripta. —Answers to magistrates and other officials, when they applied 
to the Emperor for information and advice. 

4. Decreta. —Decisions upon doubtful points of law, referred to the Emperor 
as the highest court of appeal. 

Systems of Roman Law.—From the publication of the Laws of the XII 
Tables until the accession of Justinian, (B.C. 450—A.D. 527,) a space of nearly 
a thousand years, during which, republican laws, imperial constitutions, senatorial 
decrees, praetorian edicts, and the writings of the jurists, had accumulated to an 
immense extent, no attempt had been made to reduce this vast mass to a well 
ordered system. Collections had indeed been formed from time to time of the 
Imperial Constitutions, such as the Codex Gregorianus and the Codex Hermo - 
genianus , (the latter probably a supplement to the former,) known to us from 
fragments only, which embrace Constitutions from the age of Septimius Severus 
to that of Diocletian and Maximinian (A.D. 196—A.D. 305.) 

Much more important than either is the Codex Theodosianus , still extant, the 
first work of the kind published under authority. It was drawn up by the 
command of Theodosius the younger, and with its supplement entitled Nov- 
ellae Constitutiones , comprehended the Imperial Constitutions from the time of 
Constantine the Great down to A.D. 447, being, in fact, a continuation and 
completion of the two previous Codices. These compilations, however, were 
both limited in design and imperfect in execution. To Justinian belongs the 
honour of having formed the grand scheme of collecting, arranging, and digesting 
the enormous heterogeneous mass of Roman Law; and to the learned men whom 
he employed belongs the still higher glory of having achieved then* task in such 
a manner as to command the admiration of all succeeding ages. The results of 

l It cnuld not be expected that those who devoted themselves with the greatest ardour to 
legal studies could always agree in opinion, and hence sects arose among jurists, as well as 
among philosophers. As early as the reign of Augustus we hear of two Schools, the founders 
of which w T ere Antistius Labeo and Ateius Capito ; the disciples of the former were named, 
from the most distinguished of his successors, Praculeiani or Pegnsiani, those of the latter, 
in like manner, Sabiniani or ( 'assiani. It is difficult to discover the points on which these 
tw'o sects principally differed ; but it is believed that the Sabiniani were inclined in all cases 
to adhere to the strict letter of the law, while the P roculeiani endeavoured to discover the 
circumstances out of which each enactment had arisen, and then to decide according to its 
spirit. 


246 


SYSTEMS OF ROMAN LAW. 


their labours have fortunately descended to us entire, consisting of the following 
parts • ■■ 

1. Codex Iustinianus, in twelve books, containing the Imperial Constitutions 
of the Gregorian, Hermogenian, and Theodosian Codes, collected, revised, com¬ 
pressed and reduced to one consistent and harmonious whole. This undertaking 
was executed by a commission of ten jurists at the head of whom was Tribonianus- 
it was commenced in February, A.D. 528, and finished in April, A.D. 529. 

2. Pcindectae s. Digesta , in fifty books, containing an abstract of the decisions 
conjectures, controversies, and questions of the most celebrated Roman jurists. 

. e substance of two thousand treatises was comprised in this abridgment, and 
it was calculated that three millions of sentences had been reduced within the 
compass of one hundred and fifty thousand. This stupendous task was executed 

m the + sho ? space of three years, (A.D. 530-A.D. 533,) by a commission of 
seventeen jurists, head by Tribonian. 

3. Institutiones , in four books, containing an elementary treatise on Roman 
Law, serving as an introduction to the Digest, and published one month before 

lb* 

“ The Co(3e ’ Pandects, and the Institutes, were declared to be the legiti¬ 
mate system of civil jurisprudence; they alone were admitted in the tribunals, 
and they alone were taught in the academies of Rome, Constantinople, and 
Berytus Taken together, with the addition of the Authenticate, that is, one 
hundred _ and sixty-eight Novellae Constitutiones of Justinian; of thirteen 
Pdicta, issued by the same Justinian; of one hundred and thirteen Novellae 
ot the Emperor Leo, and some smaller tracts, they form what has been termed 

Corpus IunsCivihs, which has been adopted as the basis of the legal code in 
many states of modern Europe. 

Much light has been thrown upon Roman Law within the last few years, by 
the discovery of the Institutiones of Gains, a celebrated jurist contemporary, it 
ts believed, wrth Hadrian, a work which served as a model for the Institutiones 

from“C“ 6 P ° rtl0nS ° f “ le ktter ha ™ g b “ “ red ™'“"> 

Our direct knowledge of Roman Law is derived principally from the following 

flT1 l\*rf r ^ entS -f [ hG f t] } Q Tables, preserved in the classical writers 
and in the compilations of the jurists. These will be found under their best 

wS rrr ed f r e f, ma ? s 7 0f curious and important illustrations, in the 
r?j\°j , 1)11 ksen, entitled Uebersiclit der bisherigen Versuche zur Kritilc and 
HeisteUung des Textes der All Tafelfragmente , Leips. 1824. 

. Fragments of Laws and Senatns-Consulta passed during the republic 

metal 1 ^heJ^ 1 V d } SC0 / er( f ia mo ^ er . n times inscribed on tablets of stone or 
metaL rhese will be found collected in the Monumenta Leqalia of Haubold 
published after his death by Spangenberg. Berlin 1830 ’ 

° f Ga ™- T, ‘ e bCSt editi °” is that * 

1836 D ° mitii Ulpiani Fm, J mada - The best edition is that of Rocking, Bonn. 
Th .<j fragments of the Codex Gregorianus and the Codex Hermoqemtmm 

Berlin, W 1815 ^ bCSt 6m in tlle Jus ^teiusLZZ\ 

a the J52JS; W. "hioh exMhH. 


CLASSIFICATION OF PERSONAE. 


247 


6. Codex Theodosianus. An excellent edition is that of Gotliofredns, Lyons, 
1665, reprinted under the inspection of Ritter, at Leipsic, 1736—1745. But 
the latest, and most complete, is that of Hdnel , Bonn. 1837. 

7. Corpus Iuris Civilis. The best editions are those of Gothofredus, Lyons, 
1583, often reprinted, and of Spangenberg, Gotting. 1776. 1791. 

Objects to which Bus refers.— These were threefold— ■ 

I. Personae. II. Res. III. Actiones. Omne ius quo utimur vel ad 
Personas pertinet , vel ad Res , vel ad Actiones , Gaius I. § 8. These we shall 
briefly discuss in succession. 


I. Personae. 

All Personae , in the eye of the law, belonged to one of two great classes. 
They were either Liberi , i.e. in the enjoyment of personal freedom, or Servi , i.e. 
slaves. 

Again, Liberi might be either higenui, i.e. born in a state of freedom, or 
Libertini , i.e. emancipated slaves. 

Lastly, Ingenui might be—1. Gives Romani optimo iure. 2. Persons 
enjoying an imperfect Civitas , such as Latini and Aerarii. 3. Peregrini. 

We have already, in Chapter III. spoken of the rights of Personae , regarded 
from the above points of view ; but there was another classification of Personae 
recognized by law, involving considerations of much importance. According to 
this division Personae were ranked as— 

1. Personae sui iuris. Persons subject to no external control. 

2. Personae alieni iuris. Persons subject to the control of others. 

The first division, being merely negative, will include all not comprehended 
in the second. The Personae alieni iuris were— 

1. Servi in potestate dominorurn. 

2. JLiberi in potestate parentum. 

3. Uxores in manu maritorum. 

4. Personae in Tutela. 

5. Personae in Mancipio. 

The position occupied by Servi we have already examined, (see above, pp. 94 
—103,) and we therefore pass on to 

personae in potestate parentum. 

Nature and l£xtent of the IPatria I*otcstas. 1 —From the most remote 
ages the power of a Roman father over his children, including those by adoption 
as well as by blood, was unlimited. A father might, without violating any 
law, scourge or imprison his son, or sell him for a slave, or put him to death, 
even after that son had risen to the highest honours in the state. This jurisdiction 
was not merely nominal, but, in early times, was not unfrequently exercised to 
its full extent, and was confirmed by the laws of the XII Tables. 

In extreme cases it seems to have been always the custom to summon a domestic 
court, ( consilium ,) composed of the nearest relatives of the family, before whom 
the guilt or innocence of the child was investigated; but it does not appear that 
such a Consilium could directly set aside the decision of the parent. It had the 
effect, however, of acting as a check; and taken in connection with the force of 

1 See Cie. de R. II. 35. de Fin. I 7. Orat. pro dorr.. 2a. Liv. Epit. LIV. Val. Max. III. 
v. 1. V. viii. 2. 3 5. ix. 1. VI i. 5 6. Plin. H N. XXXIV. 4. Tacit. Ann. XVI. 33. Aul. 
Gell II. 2 V 19. Sallust. Cat. 39. Dionys. II. 26. 27. VIII. 91. II. Plut. Nura. 17. Dion 
Cass. XXXVII. 36. 


248 


PATRIA POTESTAS. 


public opinion as expressed by the Censors, must have tended to repress any 
savage abuse of the power in question. * 

, degrees the right of putting a child to death (ius vitae et necis ) fell into 
aesuetude; and long before the close of the republic, the execution of a son by 
1 er 0 ,, V S {atlier ’ though not forbidden by any positive statute, was regarded 
as something strange, and, unless under extraordinary circumstances, monstrous i 

Ap ng uvT > t0 , eX ; ist in t l ieor J’ ^ ^t in practice, for three centuries 
A D 318 bUshment of the em P ire > and was not formally abrogated until 

Such being the nature and extent of the Patria Potestas , it is almost unneces- 
sa, y t0 state thaf ; a chdd In Potestate Patris could neither hold nor dispose of 
piopeity independent of the father, to whom every thing acquired by the child 

eZt C °” ld contract debS, nor tn 

(.Tabulas, qut in potestate patris est, nullas conficit , Cic. 

P “ ldeed ldce a slave , possess a peculinm; but this could 

be acquired by special permission only, which was granted as an act of grace and 

favour, and might, at any time, be recalled. 2 An exception seems to have been 
made, under the empire at least, m favour of property acquired by a soldier on 
® ervice ’ winch was termed Peculium Castrense . 3 It must be under- 

SfthJk a ™^& s' T Wh ° WaS In P ° teState Were themselves In Potestate 
ttien grandfather, so also were great-grandchildren, provided their father 

ssass:=ri**— ; - ‘-Wtf: 

i: ■» k 

fUlnian^x's^A*, 0 M Y~ Mor,e P atris fi ius et fiunt, 

fatber ** 2,) d * Sr andson “ ow came under the Patria Potestas of liie 

ranJ. n 6 ° r ‘■ e T ceased *° be a Roman citizen by underpins- 

Capitis Deminutio maxima, (p. 83,) or otherwise, for Patria Potestas could 

f ' , 11 - v 111 tbe °? se 01 parties both of whom were Roman citizens If the 
father was taken prisoner, his Patria Potestas was suspended while he remained 

LSm (p’. 83.r“ m Whe “ lK reC ° Tered WS ° tl,er P ° litieal ri S hts b > Post 

4 If eifC fnT me FlameU Di f iS ° r a dau £ hter a Virgo VestalisP 
4. If either father or son was adopted by a third person. 

o. it a daughter, by a formal marriage, (see below n 250 5 msc/xr? +i 

ands of a husband, she exchanged paternal for marital siaverv. 16 

o. Jjy the triple sale of a son bv his father Tf f»Ui OV r- 

slave and the person to whom he had been made over emancipated 1dm The 

son did not become sta turis, but returned again under the Patria Pote'sL 

If, however the process of formal conveyance, (mancipatio ) lad XlZ 

La°ws 3 of 0 ihe Ze xii a Tabr ^ ™ -prelsTy tliacSftythl 

f t A npn-r 11 Tabl es St pater Jilmm ter venum chat, Jilius a patre liber 
umgy, when circumstances rendered it desirable that a son should 

1 Senec. de clem. I. 14. 15 . 

3 ?uv. n s!x V VI52 9 ' PompoI ,b Digest S XUX d xJiM e i f ' VIL R GaiuS IL 5 8S * 

* Tacit. Ann. IV. 16. Aul. Cell*!. 12 ufpian. X 5 


PATRIA POTESTAS—MARRIAGE. 


249 


be released from the Patria Polestas in the lifetime of his father, this end was 
attained by a series of fictitious sales. A person was provided who bound himself 
to liberate the son when transferred to him as a slave, this person being termed 
1 ater Jiduciarius. To him the son was formally sold and conveyed (manci- 
pcitus) according to the legal ceremonies of Mancipation which will be detailed 
hereafter; lie was immediately liberated ( manumissus—emancipatus ) in the 
manner already described when treating of the manumission of slaves, (p. 100 ) 
and this process having been twice performed, he was sold a third time and 
immediately reconveyed by the Pater Jiduciarius to the father, by whom he was 
tortiiwith finally manumitted and became his own master— filius ter mancipatus, 
tei manumissus sui iuris fit (Ulpian. X. 1.) It will be observed that matters 
were so arranged that the final manumission was made by the father, and not by 
the later jiduciarius n otherwise the latter would have become the Patronus 
(p. 101) of the liberated son. A daughter or granddaughter was released from 

the Patria Potestas by a single Mancipatio and Emancipate (Gaiiis I. § 132. 
Ulpian. X. 1.) 1 v 3 

7. If a son was actually the holder of a public magistracy the Patria Potestas 
was suspended for the time being, and the son might, in virtue of his office, 
exercise control over his father; but as soon as the son resumed the position of 
a private individual the paternal authority was re-established in full force. 

o. If a son concluded a marriage with the consent of his father, the latter lost 
the right of selling him for a slave. 

A father was entitled to expose or put to death a new born infant, provided 
he previously exhibited it to five neighbours and obtained their consent. This 
rule was evidently intended to apply to deformed children only; ( partus 
deforms;) for a father was expressly forbidden to kill a male child or a first¬ 
born daughter, if under the age of three years. 1 

PERSONAE IN MANTJ. MARRIAGE. 

In older that any valid marriage might be contracted according to the Civil 
Law, it -was required— 

1. That the consent of both parties should be obtained, if they were sui iuris , 
or of the father or fathers, if one or both happened to be In Patria Potestate. 
Under the empire, by the Lex Iulia et Papia Poppaea, (about A.D. 9,) a father 

might be compelled to give his consent, if he had no reasonable ground for 
refusing it. 

2. That the parties should both be puberes , i.e. should have respectively 
attained to manhood and womanhood. No marriage could take place between 
children. 

o. I hat the parties should both be unmarried. Polygamy was entirelv 
prohibited. J 

4. That the parties should not be nearly related to each other. The deter¬ 
mination of the prohibited degrees was a matter rather of public opinion and 
feeling than of positive enactment, until the passing of the Lex iulia et Papia 
Poppaea; but it may be regarded as having included the unions of all direct 
ascendants and descendants, whether by blood, adoption, or marriage—parents 
with children, grandparents with grandchildren, fathers-in-law and mothers-in- 

S 1 vii°id S ' IL 15 ' 27 ‘ Cic ' de legg ' n1, 8 - Liv * XXVIL 37 - Senec. de ira I. 15. Macrob. 


250 


MARRIAGE. 


law^, h sons-in-law and daughters-in-law, stepfathers and stepmothers with 
stepchildren, of brothers with sisters, whether by blood, adoption, or marriage— 
ot uncles and aunts with nephews and nieces, until the time of Claudius • and 

at one period, of cousins even of the fourth degree, although the practice in‘this 
respect seems to have varied at different epochs. a 1 

5. That both parties should be free. 

These indispensabJe preliminary conditions being satisfied, all marriages 
ueie divided mto two classes-1. Nuptiae lustae l Matrimonium lustum 

L ^ IniUStUm ’ whi <* - ^7 term Regular 

1. Nuptme lustae.— -No regular marriage could be concluded except Connu- 
binm (i.e. lus Connubu) existed between the parties. Hence, in ancient times 
,, ieie cou d 36 “° Nuptiae lustae between a Patrician and a Plebeian because 
t leie was no Connubium between the orders ; and this state of things continued 
until the passing of the Lex Canuleia (B.C. 445, see above, p. 81 ) Hence 
also, a mainage between a Roman citizen and a Latinus (a) or a Pereqrinus 
(a) not enjoying Connubium with Rome was a Matrimonium Iniustum. 9 

all ill! C l t!i‘ en a b0m Nu P tl . ae T . ustae were termed Iusli Liberi, and enioyed 
all the lights and privileges of their fathers. ^ ^ 

2. Nuptiae Imustae.— When a marriage took place between parties who did 
not mutually possess the lus Connubii , as, for example, between a Roman 
citizen and a Latinus (a) or a Peregrinus (a) not enjoying Connubium with 

pZ' fhtf t ei : to the ^ 

paitj Thus the son of a Latinus or a Peregrinus and a Roman woman was 

TflterTPPPC er Z inm! the SO r 0f a Ciois Romanus and • Lali "a 
01 a i aegnna was, in like mauner, a Latinus or a Pereqrinus The n.le 

of law is expressed by Gains (I. § 67) as follows-JVba aZer lmlPnd 

pall (s condaiomm accedit quam si inter patrem et matrem eius connubium 

In the case where the mother was a Civis Rmvnnn onri e 
Of a St al e Which enjoyed Connubial^ hJ^Tt 

Uie son stood precisely in the same position as his father; but fattr 

was a Civis Romanus and the mother a member of a state whir-h « • 1 

Connubium with Rome, but not the full Civitas , then the ‘son was a San 
citizen optimo mre (pp. 81. 85. 87.) a Jt011ian 

Although a Matrimonium Iniustum affected the civil rights of the children 
it was no stain upon the moral character of the persons who contracted it • 

TwideSi ^ ? k the Sa T Ji * ht as we ourselves view an alliance where 

le d ffeience exists between the social position of the parties. 

thev l wp V ien v? ndan and woman cohabited without contracting a marriage at all 
they were said to live m a state of Concubinatus- the woman was Si the 
Concubina , or, poetically, the Arnica, of the man, whflTSe 

although generally used with reference to the woman was applied m i P • L 

tunes ,o either party. The children born front r f 

(spurn.) did not become subject to the Patria Potestas and inden,i • d ’ 
of the aw, had no father at .all (Gains I. § 69. 64.) ’ m the e ^ e 

0 legal marriage could take place between slaves, but their union was termpd 

Sates .1..,, - :™sr; 

; sst e-iifttftaf-a* g- t «„ v ., 


MARRIAGE. 


251 


In so far as the marriage of Libertini with Libertinae was concerned, it would 
appear that, in the earlier ages at least, those only could many whose Patrons 
belonged to the same Gens; and hence, among the rewards bestowed upon 
Hispala Fecenia (Liv. XXXIX. 19) we find Gentis enuptio enumerated. With 
regard to the marriage of an Ingenuus with a Libertina see p. 103. 1 

Different kinds of iVuptine lustae .—Nuptiae Iustae were of two kinds— 

1. Cum Conventione in Manum. 

2. Sine Conventione in Manum. 

1. W hen a marriage took place w r ith Conventio in Manum the woman passed 
entirely from under the control of her father or guardian, (exibat e iure patrio y 
Tacit. Ann. IV. 16,) and from the Familia to which she belonged into the 
Familia of her husband, to whom she became subject, and to whom, in so far 
as her legal rights were concerned, she stood in relation of child to a parent so 
long as the marriage subsisted. Hence she could hold no property, but every 
thing which she possessed at the time of her marriage, or inherited afterwards, 
was transferred to her husband; and if he died intestate she inherited as a 
daughter. It she committed any crime, her husband was the judge in a court 
(consilium) composed of the nearest relations upon both sides. 

2. When a marriage took place without Conventio in Manum , the woman 
remained under the legal control of her father, or of her guardian, or was sui 
iuris , as the case might be, and when sui iuris, all the property which she 
possessed or inherited was at her own disposal, with the exceptions to be noted 
hereafter when treating of the Dos. 

Marriages Cum Conventione in Manum , although common in the earlier ages, 
gradually fell into disuse, and, towards the close of the republic, had become 
very rare. 

It would appear, from the statements of the grammarians, that Uxor was the 
general term applied to a wife, without reference to the nature of the marriage; 
Mater familias to the wife who was in Manu mariti; Matrona to the wife 
when not In Manu; but these distinctions are by no means strictly observed. 

Different Forms of Marriage Cum Conventione.—A marriage Cum 
Conventione might be legally contracted in three different modes, 2 viz. by 
1. Confarreatio. 2. Coemptio. 3. Usus. 

1. Confarreatio was a religious ceremony performed in the house of the 
bridegroom, to which the bride had been conveyed in state, in the presence 
of at least ten witnesses and the Pontifex Maximus, or one of the higher 
Flamens. A set form of words ( carmen — verba concepta) was repeated, and a 
sacred cake made of Far (farreus panis) —whence the term Confarreatio — 
w r as either tasted by or broken over the parties who sat during the performance 
of the various rites, side by side, on a wooden seat made of an ox-yoke covered 
with the skin of the sheep which had previously been offered in sacrifice. The 
children born of such an union were named Patrimi et Matrimi, and such were 
alone eligible to the priestly offices of Flamen Dialis , of Flamen QuirinaliSy 
and of Flamen Martialis. 3 

2. Coemptio was purely a legal ceremony, and consisted in the formal con¬ 
veyance of the wife to the husband, according to the technical procedure in the 
sale o( P.es Mancipi (see below, p. 258.) An imaginary sale took place on the 
part of the parent or guardian in the presence of five Roman citizens of mature 

1 Comp Cic. Philipp. IL 2 . 36. III. 6. ad Att. XVI. 2. 11. Senec. Controv. IIL 21. 

2 St e Gaius I. § 108 

2 Gaius I. § 108—115. 


252 


MAREIA GE—DIVORCE. 


age, and a balance-holder, (< libripens ,) the husband or fictitious purchaser bein- 
termed Coemptionator. 1 ° 

3. *7m. A woman who remained with her husband during one whole year 
without absenting herself for three nights consecutively, passed in Manum mariti 
y prescription (usu) as effectually for all legal purposes as if the ceremonies of 
^f a T a n°Cwinptf 0 ^d been performed. Gains lays down the condition 
aistinctly fl. § 111)— Usu in manum convenient, quae anno conlinuo nunta 
per sever abat, warn velut annua possessione usucapiebatur, in familiam viri 
transit at, jiliaeque locum obtinebat. Itaque lege XII Tdbularum cautum 
erat, si qua nollet eo modo m manum mariti convenire, ut quotannis trinoctio 
aoesset atque ita usum cuiusque anm interrumperet. 2 Gains adds, that at the 
time when he wrote, (i.e. probably in the early part of the second century,) the 
whole of the ancient law with regard to marriage Cum Conventions in Manum 
by L sus had ceased to be in force, having been in part repealed by positive 
enactments, and in part suffered to fall into desuetude ^ ^ 

ria ge took place Sine Conventions in Manum, the ceremonies were 
entu ely of a domestic character; and these we shall briefly describe when treating 
of the private life of the Romans. 13 

f A ™ arria Se ^ dissolved in various ways: 
i. by the death of one of the parties. J 

1(?Sing T the , C ° nnubium in consequence of Capitis 
beea me *Mnl ^ ot * ierwise - In this case a Matrimonium lustum either 

properly to the act. of divorce when originating with the .»,SZ S 

negletei the "'° man; bllt thesc Jisti 'rctio»s areTqnen^ 

- sa y httle with regard to the law or practice of divorce in the earlier 

f Koine, for we are positively assured that no example of a divorce occurred 
for more than five centuries after the foundation of the city ; andthTs^statement 

«° U etenI “ 

any such event until B.C. 231, when Sp. Carvilius Ruga put away a wife t* 
whom he was tenderly attached, because she was unfruitful. We know however 
tnat theie were provisions with regard to divorce in the Laws of the XII Tabled 
and we cannot doubt that contracts solemnly coiSdS^uW 0 ^^ 
lescmded. * Accordingly, we hear in the grammarians of a rite termed Difthf 
icatio for dissolving marriages by Confarreatio, although Dionysius assorts that 
such unions were indissoluble: and we are told 7 5 

could be cancelled if the woman was conveyed back again (*^2" 
husband cui in Manum ConveneraL It is asserted, moreover! Slfthe dlvs 

lawfuirdTvo^e^ an T°^ d f 1 ™™ her husband ’ but that a husband might 

1 Gaius l.c. 

2 Comp. Aul. Gel!. Ill 2 

i Paui.D'ic’IV 3 ^, 1 ^ h ™«P» « » 

Rom. 22 . Orelli. C. I. L. n. 2648 ? * Memanc,patam % p. 277. Dionys. IL 25. Plut 


MARRIAGE—DIVORCE—DOS. 


253 


It would seem that marriages sine Conventions in Manum coukl at any time 
be dissolved by either party. When this was done directly the husband used 
the form of words Tuas res libi habeto; but it was more usual to announce the 
divorce formally through a third party, and hence the phrase Nuntium mittere 
uxori (s. marito ) signifies to divorce. This facility of divorce was eagerly 
taken advantage of towards the end of the republic, and under the empire, when 
free marriages had almost entirely superseded the stricter union Cum Conventions. 
Divorces took place upon the most frivolous pretexts, and frequently without any 
pretext at all; and such was the laxity of public morals, that little or no disgrace 
was attached to the most flagrant abuse of this license. 1 Augustus endeavoured, 
by the provisions of the Lex Julia et Papia Poppaea , to place some restrictions 
upon divorce, but apparently without any practical result; and certainly the 
example set by himself was not calculated to give weight to such an enactment. 2 
^ hen a marriage was contracted either with or without Conventio in 
Manum , the woman w r as in every instance expected to bring with her some 
fortune as a contribution towards the expenses of the establishment. The sum 
would, of course, depend upon the station and means of the parties, but some¬ 
thing was considered indispensable; and in the case of death or absolute inability 
on the side of the father, the nearest relatives were held bound to supply what 
was requisite. 3 The fortune thus brought by the woman to her husband was 
technically termed Dos , if furnished by her father, Dos Profectitia , if by some 
other party, Dos Adventitia (see Ulpian. YI. 3.) 

In the case of a marriage w r ith Conventio in Manum , whatever property the 
woman Avas possessed of passed at once into the hands of the husband— quum 
mulier viro in manum convenit omnia quae mulieris fuerunt vii'i jiunt Dotis 
nomine. Cic. Top. 4. 

But in a marriage without Conventio in Manum , whatever property a Avoman 
possessed remained under the control of herself or her guardians, with the 
exception of the Dos , which Avas made over to the husband, and hence the 
influence and sometimes tyranny exercised by rich wives. 4 The property retained 
by a wife in her oavii power Avas termed Bona Receptitia, ( quae ex suis bonis 
retinebat neque ad virum tramittebat ea rec.ipere dicebatur —Aul. Gell. XA 7 II. 
C,) a phrase which seems to have been equivalent to the Avord Paraplierna , 
introduced at a later period. 

Disposal of the Dos in the case of Divorce.— For many years during 
which the dissolution of a marriage, except by the death of one of the parties, 
was scarcely contemplated, the rule seems to have been that the Dos fell to the 
survivor. But Avhen divorces became transactions of ordinary occurrence, stringent 
rules became necessary in addition to established usage; and these were intro¬ 
duced partly by legislative enactments, which laid down general principles, and 
partly by special agreements or marriage contracts, (dotalia pacta,) by which 
the Dos Avas secured, (cautio rei uxoriue ,) and for the fulfilment of Avhich suits, 
called Actiones rei uxoriae , could be instituted. During the last century and 
a-half of the republic and the early part of the empire, the Iuav and practice Avith 
regard to the Dos , in the case of a divorce, seems to have been as folloAvs:— 

1 Val. Max. VI. Hi. 10—15. Plut. Cic. 41. Cie. de Orat. I. 40 56 ad Att. XI. 23. ad Fam. 
VIII. 7. Martial. VI. 7. X. 41. Senec. de Provid. 3. de Belief. III. 16. 

2 Suet. Octav. 74. 

# 3 Although the passages which state this most explicitly are found in the Comic Drama¬ 
tists, they seem, without doubt, to refer to Roman manners. See Plaut. Aul. IL ii. 13. 61. 80. 
Terent. Phorm. II. i. 66. iii. 64. 

4 Plaut. Asin. I. i. 73. Aul. III. v. 53. Senec. Controv. I. 6 


254 


MARRIAGE—DOS. 


1*. The Dos was sometimes paid down at once, but generally when an alliance 
was in contemplation the amount was first settled and then a regular obligation 
was granted for the payment, ( Dos aut datu.r , aut dicitur aut promittitur — 

Ulpian. VI. 1,) which was effected by three instalments ( tribus pensionibus ) at 
intervals of a year. 1 

2. If the marriage was dissolved by the death of the husband the Dos returned 
to the wife. 

o. If the marriage was dissolved by the death of the wife the disposal of the 
Dos varied according to circumstances. 

a. If the wife died after her father, or if the Dos was Adventitia , in either 
case the whole remained with the husband, unless the person who had given the 
Dos had specially stipulated that it should be returned to him, in which case it 
was termed Dos Receptitia (Ulpian. VI. 4.) 

b. If the wife, died childless, before her father, a Pro/ectitia Dos returned to 

her father; but if there were children, one fifth was retained by the husband for 
each child. 

4. If a marriage was dissolved by divorce, the disposal of the Dos depended 
upon the circumstances under which the divorce took place. 

i ^ ie c ^ vorce was the result of mere caprice upon the part of the 

Husband, or, although promoted by the wife, was provoked by the gross mis- 
co ini net of the husband, he was obliged to refund the whole Dos and to maintain 
ie c lildien— -Si viri culpa factum est divortium , etsi mulier nuntium remisiL 
tamen pro liberis manere nihil oportet— Cic. Top. 4. 

b - ^ heu th ® divorce was the result of caprice on the part of the wife, or of 
peisuasion on the part of her father, without any reasonable ground of complaint, 
the husband was entitled, if there were children, to retain one-sixth of the Dos 
or each child, provided the whole amount so retained did not exceed one-half of 
tne Uos. I his was termed Retentio propter liberos (Ulpian. VI. 10.) 

c. But when the divorce was caused by the bad conduct of the wife, the 
Husband was entitled, even when there were no children, to withhold a portion 
ot t He JJos as Solatium or damages, this being termed Retentio propter mores. 
We have reason to believe that, in ancient times, a wife, if guilty of one of the 
Highest offences, such as infidelity or wine-drinking, forfeited the whole Dos. 
WHen Ulpian wrote, she forfeited one-sixth for offences of the highest class, one- 
eignth for th ose of a less serious nature; but if there were children, the husband 
could withhold one portion on account of the children and another as punish¬ 
ment for misconduct. 2 1 

Disputes with regard to the facts of matrimonial misconduct and the amount 
or pecuniary compensation, seem to have formed the subject of legal processes 
i en unde J th ® republic ; and a regular indicium de moribus was instituted by 
Augustus for the purpose of determining to which party blame attached. 3 

, a V lvorce took place by mutual consent, the disposal of the Dos , if not 
sealed previous to the marriage by the Pactum Dotale, must have been arranged 
pnvately by the persons interested. ° 


PERSONAE IN TUTELA. 4 

V hen children of unripe years, ( impuberes ,) and those who, in the eye of the 


9 ™y\XXXH. 13. Cic. ad Att. XI 2. 4. 

2 £ in. H.N. XIV. 13. Ulpian. VI. 11. 12. 

. p 1 ! 1 ' t c. Aul. Gell. X. 23. Quintil. I. O. -VII. 4. 
4 Gams I. § 142—200. T 


TUTELA—TUTORES—CURATORES. 


255 


law, were incapable of regulating their own affairs, were deprived by death or 
otherwise of a father’s protection, they were placed in wardship, (in Tutela ,) 
under the control of guardians, termed Tutores, and were themselves designated 
Pupilli s. Pupillae. In certain cases guardians were styled Curatores. 

Appointment of Tutorcs. —A father had the right of nominating guardians 
by will (lestamento Tutores dare ) for those of his male children who might be 
of tender years or born after his death, for all his daughters who were In Potestate , 
for his wife if In Mann , for his daughter-in-law if In Mann mariti, and for the 
grandchildren under his Potestas , provided their father was dead. Such 
guardians were termed Tutores dativi. 

A husband might grant permission by will to his wife, if In Manu , to nominate 
her own guardians, (Tutores optare ,) and this either without restriction or under 
certain limitations— aut plena optio datur aut angusta. Such guardians were 
termed Tutores optivi. 

If a man died without appointing guardians by will, then, by the Laws of the 
XII Tables, the charge devolved upon the nearest A gnat i , (see below, p. 2G5,) 
a regulation which continued in force under the empire in regard to males, but 
was superseded in the case of females by a Lex Claudia. Such guardians were 
termed Tutores legitimi. 

If no guardians had been appointed by will, or if the guardians appointed 
died or were unable to act, and if there were no Agnati qualified to undertake 
the charge, then, in virtue of a Lex Atilia , the date of which is unknown, the 
Praetor Urbanus, with the sanction of a majority of the Tribuui Plebis, appointed 
a guardian. Such guardians were termed Tutores Atiliani. 

Duration of Tutela. — Tutela was intended for the protection and contiol 
of impuberes only. According to the imperial laws, boys ceased to be impuberes 
at the age of fourteen, and consequently at that age the authority of the Tutor 
ceased. With women the case was different, for although they ceased to be 
impuberes at the age of twelve, they were held to be unfit to take charge of their 
own affairs at any period of life; and hence a female was held to be at all times 
either In Potestate patris, or In Manu mariti , or In Tutela. The only exceptions 
were in favour of Vestal Virgins, and, after the passing of the Lex Jidia et 
Papia Poppaea , (about A.D. 9,) of women who had borne three children, four 
being required for Libertinae. But although this was the strict legal view, it 
was, in later times at least, altogether disregarded in practice ; and women of 
mature years who were not In Potestate patris nor In Manu mariti were regarded 
as sui iuris, and were allowed to administer their own affairs, but were obliged, 
when called upon to perform certain legal acts, sueh as the conveyance of lies 
Mancipi (see below, p. 257) and making a will, to obtain, as a matter of form, 
(dicis causa ,) the sanction of their legal guardian. 

Curatores _Although the control of a Tutor ceased when the Pvpillus had 

attained to manhood and become invested with his political rights, it must have 
frequently happened that the youth would be involved in business which he 
would be" incapable of regulating with advantage at that early age, and would, 
at all events, if wealthy, be open to fraud and imposition. Hence arose the 
practice of nominating a Curator , whose authority extended to the twenty-fifth 
year of the ward, but who did not necessarily, like a Tutor, exercise a general 
superintendence, being frequently nominated for one special purpose. Hie 
appointment of a Curator lay with the Fraetor Urbanus, as in the case of a 
Tutor Atilianus —he could not be fixed by will, but might be recommended, 
and the recommendation confirmed by the Fraetor. 


256 


PERSONAE in mancipio—classification of res. 


of twenty-five, manage the affairs of persons beyond the age 

with some severe incurable disease lnsa ^®i deaf and dumb, or affected 

concerns. ’ 1(3 mcapable o1 attending to their own 

pecuniary affairs of thos^under^theirH chiefl ^ occu P ie d in administering the 
security (satisdare) for their inti-nm.'se-'^. 6 ’ 11 ‘ e ^ wcre often required to give 
attained to mature ao-e was called ’ T 1 * a r Putor i when his Pupillus 

actions —Cum igitur Pupillorlm PuZb mider H f ° rn ? al account ofl ™ trans- 
PUb6rtatem ***** ™dido rationem reddmtQ P ° St 

PERSONAE IN MANCIPIO. 1 

Mancipation (seeTefow^pf 25°8 ) wasTaw’To f C0 '’ din f to , the Ie £ al f ™ of 
Peminutio Camiis (n Si a ^ n - aS Sa J° Mancipio, and suffered 

alteri ^ a ^aiatir \ui . . . X 

of this Status is afford bv the ^1;/- P emm “i s Ca P An example 
his father to a third person bv Mauri 'z* 0 a 'T' 1 7 10 ^ ac * ^ een conveyed by 
done in order to compensate L ZZ - °' a " d . Who > ““P‘ "hen was 
tad sustained, (ex noxali causa ) TXiPmT- ®? me m ° a S which ho 

trK dids ^ oni * 

but Z' 'VeXl 0f r « hd »** a 

master, and could hold no*? 0bejthe com ^ds of his 

^ could not, like a slave be subiectod ^ . permissi0n * On the other hand 

death, by his master, and if he recovered^TT treatment ’ mach ^s put to 
the Status of Ingenuitas. freedoin > received, at the same time, 

since she was also*/^ V s aIso In Mancipio ; but 

was of a complicated nature! *” W uc 1 s ie sto °d towards her husband 

II. Kes. 

(Bie ClassiUcation of _p„ . 

*«SS»!I2l53fc!i£^CSl - ’ 

1 pi * iV T Iuris w ? re divided into- 

ti.e gods by a deliberaTe'act rfSe^ltote^d, m *"? soIemn 'y consecrated to 
2. Pcs Religiosae s. Sanctae nlaces or a 5 ars ’ cha P e ! s an d temples, 

character from the purposes to which thcv wpva ^ I- "i 11C 1 acc l u i re d a sacred 
the walls of a fortified city. * V e a PP lied > such as sepulchres and 

B. Res Humani Juris were divided into 
?• Res in nullius Patrimonio. 

hes ln Pnvatorum Patrimonio. 

TTZ*? in nullius Patrimonio might be- 

a ^ff» a » -kind 

^ ^ - a »** but not to a single 

1 See Gaiu s I. § lie-123. 5 133-141. 


RIGHT OF PROPERTY. 


257 


individual, such as streets, theatres, halls of justice, which belonged to the whole 
body of the citizens m a state, and under this head was ranked the property of 
meicantile companies ( socieiates ) and of corporations ( [collegia .) 

. S 1 ’ .y • ^ e f iii a restricted and technical sense, was applied to an 

inheritance before the heir entered upon possession. 

b. Res Privatae s. inprivatorum Patrimonio , objects belonging to individuals, 
were divided into— ’ 

b. 1. lies Mancipi , and, 
b. 2. Res nec Mancipi. 

Res Mancipi was a terra applied, according to the usage of Roman Law, 
to a certain class of objects which could not be conveyed, in the earlier ao-es 
at feast, except by a formal process, termed Mancipation which will be ex- 
P an . imme diately. The Res Mancipi were probably very numerous; but the 
most important were—1. Lands and houses ( pracdia ) in Italy. 1 2. Slaves, 
o. domestic beasts of burden, such as horses, asses, mules, and oxen; but not 

ammu s natmally wild, although tamed and broken in, such as camels and 
elephants. 

Res nec Mancipi comprehended all objects which were not Res Mancipi. 

ESisiht of Property asad Modifications of this JKight_An individual 

were P ° SSeSS a right of P r0 P ert 7 111 various ways. Of these the most important 
1. Dominium. 2. lura in re. 3. Ususfructus. 

1. Dominium. Dominium Quiritarium. The right by which any one 
exercised control over property, and by which he was entitled to retain or alie¬ 
nate it at pleasure, was termed Dominium. When this right was exercised by 

toman citizens in the most complete manner ( pleno iure ) over property acquired 
accoidmg to all the forms of law, and not situated in a foreign country, it was 
termed Dominium legitimum s. Dominium Quiritarium s. Dominium ex iure 
Quintium. 

2. Iura in Re s. Servitutes. An individual although he had not Dominium 
o\ ei an object, might yet possess a certain legal control over that object. Such 
rights were denominated Iura in Re , or Servitutes , and when applicable to houses 
oi lands, Servitutes Praediales. These again might be either Servitutes Prae- 
diorum Urbanorum, or Servitutes Praediorum Rusticorum. 

*S ervitutes Praediorum Urbanorum we may take as examples— 

. \ lien one of the two proprietors of adjoining houses could prevent the other 
ri om removing a wall or a pillar which, although forming part of the building 
belonging to the latter, was necessary to insure the stability of the building 
belonging to the former. This was Servitus Oneris. 2. When one pro¬ 
prietor had the right of. introducing a beam for the support of his own house 
into the wall of his neighbour’s house. This was Servitus Tigni immittendi. 

3. When one proprietor had the right of conveying the rain-drop from his own 
house into the court or garden of his neighbour. This was Servitus Stillicidii. 

4. Of carrying a drain through his neighbour’s property, Servitus Cloacae. 
5^. Of pi eventing his neighbour from building a wall above a certain height, 
Servitus non altius tollendi , or from disturbing his lights, Servitus Luminum. 

Among the Servitutes Praediorum Rusticorum we may enumerate—1. A 


1 When the Roman territory extended over but a small portion of Italy, the praedia, which 
ranked under Res Mancipi, were confined within the same limits. At a subsequent period 
the praedia, m certain districts in the provinces, were regarded as Res Mancipi, provided 
those districts enjoyed what was termed the Jus ltalicum. 

S 


258 


CONVEYANCE OF PROPERTY. 


right of way through the lands of another, which, according to circumstances, 
might be—a. Merely a foot-path or a bridle-road {Iter.) b. A drift-road, 
along which a beast of burden or a carriage might be driven, but not if loaded 
{Actus.) c. A highway ( Via.) 2. The right of conveying water through 
the property of another {Aquaeductus.) 

The Servitutes Praediorum Rusticorum were classed by all lawyers under 
the head of Res Mancipi; with regard to the Servitutes Praediorum Urbano - 
rum a difference of opinion existed. 

3. Ususfructus. An individual might be in the lawful occupation and 
' enjoyment of property either for life or for a limited period, without having the 
power of alienating the property in question. This was termed Ususfructus. 
Similar to this, as we have seen above, was the tenure under which the Ager 
Publicus was frequently held by those in possession. 

FNflereiU modes of acquiring Property.— The most important of these 
were— 


1. Mancipatio. 2. In lure Cessio. 3. Usus. 4. Traditio. 5. Adiu- 
dicatio. 6. Lex. 

1. Mancipatio. 1 This ancient and purely Eoman mode of transferring pro¬ 
perty was under the form of an imaginary sale and delivery. It was necessary 
that the buyer and seller should be present in person, together with six male wit¬ 
nesses, all airived at the age ot manhood, ( puberes ,) and all Eoman citizens, 
of whom one, called Libripens , carried a balance of bronze. The buyer {is qui 
mancipio accipit) laying hold of the property, if moveable, or a representation 
of it, if immoveable, employed the technical words, Hunc ego hoininem (suppos¬ 
ing the object to be a slave) ex iure Quiritium meum esse aio isque mihi emptus 
est hoc acre aeneaque libra , upon which he struck the balance with a piece of 
brass, which he then handed over to the seller {is qui mancipio dal) as a symbol 
of the price. J 

This form was applicable to Res Mancipi alone, and a conveyance of this 
nature could take place between Eoman citizens only, or between a citizen and 
one having the Ius Commercii with Eome. 

2. In lure Cessio. 2 . This was a formal transference of property in the pre¬ 
sence of a Eoman magistrate. The parties, buyer and seller, appeared before 
the Praetor, if at Eome, or the provincial governor, if abroad, and the person to 
whom the property was to be conveyed {is cui res in iure ceditur) laying hold 
of the object, claimed {vindicavit) it as his own, in the technical words, *Hunc 
ego hommem, ex iure Quiritium meum esse aio , upon which the magistrate 
turned to the other party {is qui cedit) and inquired whether he set up any 
opposing claim, {an contra vindicet ,) and on his admitting that he did not or 
remaining silent, the magistrate made over {addixit) the object to the claimant, 
lhere were in this process three principal actors, the former proprietor, the 
claimant or new proprietor, and the magistrate, whose relations to each other 
are expressed by. the three verbs, cedere , vindicare , and addicere. In iure 
cedit dommus , vindicat is cui ceditur , addicit Praetor. 

In order that this form of conveyance might be valid, it was necessarv that 
three conditions should be satisfied. 

™ at t | ie P artaes should appear in person before the magistrate. 

, W 1 hat they should both be Eoman citizens, or if one was not, that he 
should have the Ius Commercii with Eome. 


1 Gaius I. § 119. 

2 Gaius II. § 24. 


DIFFERENT MODES OF ACQUIRING PROPERTY. 


259 


(3.) That the property should be of such a kind as to admit of Dominium 
Quiritarium , and hence lands in the Provinces were excluded. 

3. Usus s. Usucapio. Prescription. When an individual remained in undis¬ 
puted possession of any object, whether a Res Mancipi or a Res nec Manciple 
for a certain length of time, he acquired a full right to it although it might not 
have been formally conveyed to him. The period fixed for prescription by the 
laws of the XII Tables was one year for moveable property, and two years 
for houses or lands. In order that Usus might apply, it was essential that the 
person holding the object should be a bonae Jidei possessor , that is, that he 
should honestly believe that he had a just title to the property— si modo bond 
fide acceperimus. But prescription did not apply to objects stolen or taken by 
force from their lawful owner, even although the person in actual possession 
might not be cognizant of the theft or robbery. 1 

4. Traditio. The simple handing over of a piece of property by one person 
to another is the earliest and most simple form of conveyance, and by Homan 
Law conferred full possession ( Dominium Quiritarium ) in the case of Res nec 
Mancipi , to which alone it properly applied. 

But if the owner of a Res Mancipi made over the object to another, without 
going through the form of Mancipatio or In iure cessio , the new owner did 
not acquire the Dominium Quiritarium until the full period of Usus had expired. 
During the intermediate period, lawyers distinguished the actual possession from 
the full right of property by the term Dominium in bonis. 

5. Adiudicatio. When several persons had claims upon a piece of property, 
a iudex, or umpire, was appointed by the Praetor to make a legal division, 
and his award, called adiudicatio , conveyed to each individual full right of 
property in the share allotted. A process of this nature for portioning out an 
inheritance among co-heirs ( coheredes ) was termed Formula familiae ercis- 
cundae ; for dividing Avaste land among several proprietors, Formula communi 
dividundo ; for defining the boundaries of conterminous landholders, Formula 
finium regundorum , &c. 2 

6. Lex is the general term for all modes of acquiring property, when made 
over by a magistrate to the claimant, in terms of some specific law. 

Disposal of Property by Will. 3 — Property might be lawfully conveyed 
and acquired by Will also. 

The right of conveying property by Will ( Factio Testamenti) belonged to all 
Homan citizens who were puberes and sui iuris. Under the empire, soldiers, 
although not sui iuris , were permitted to dispose by Will of any property they 
might have acquired during military service Qpeculium castrense .) Women 
above the age of twelve, not In Potestate nor In Manu , might make a Will with 
the sanction of their guardians ( Tutoribus auctoribus.) 

Different modes of making a Will.—In the earliest times the law recog¬ 
nised two modes only of making a will. 

1. In Comitia , summoned twice a-year for the purpose, and called Comitia 
Calata. Of this assembly we have already spoken at length, see p. 127. 

2. In Procinctu , by a soldier, publicly in the presence of his comrades, when 
about to go into action; Procincta Classis being an ancient term for an army 
equipped and drawn up in battle order. 

These two modes were originally thought sufficient to provide for a deliberate 

1 Cic. pro Caecin. 19. 26. Top. 4. Gaius II. § 42. 

2 Cic. de Orat. 1.56. Ulpiau. XIX. 16. Aul. Gell. I. 9. Serv. ad Vire. Aen. VIII. 642. 

3 Gaius L § 101—104. 


260 


WILLS. 


or a hasty settlement, but in process of time, as early at least as the legislation 
of the Decemvirs, a third was added. 

. Per aes et libram. When a citizen found death approaching, and had not 
time to submit his Will to the Comitia Calata , he made over his whole propertv 
according to the forms of Mancipatio , (p. 258,) to a friend, who thus became 
the nominal heir, and at the same time gave instructions for the disposal of his 
effects, trusting to the good faith of the individual to whom they had been 
conveyed. 

Eventually, the first two. modes of Will-making fell into disuse, and were 
superseded by the third, which, however, underwent a material change. The 
maker of the Will (Testator) conveyed his property, as before, in a fictitious 
sa e, by Mancipation to an individual who was introduced for form’s sake, (dicis 
causa,) and termed familiae emptor ; but, instead of giving verbal instructions 
to the imaginary pui chaser, he had previously drawn up a regular written deed 
(1 abulae Testamenti ,) which he exhibited to the witnesses present, repeating 
the technical words, Haec ita, ut in his tabulis cerisque scripta sunt, ita do, 
ita lego, ita testor , itaqim vos, Quirites , testimonium mihi perhibitote. This 
act was termed Testamenti Nuncupatio , the word nuncupare signifying pro¬ 
perly to make a public declaration. ° 1 

Before the age of Justinian these forms of the Civil Law with regard to Wills 
had been essentially modified by Praetorian edicts and imperial constitutions! 
Ine act of Mancipatio was now altogether dispensed with, and it was held suf¬ 
ficient that the written Will should be signed by the Testator , and attested by 
the signatures and seals of seven competent witnesses, who represented the 
Tmptor, the Libripens, and the five witnesses of the ancient Mancipatio 1 
Conditions necessary to render a Will valid.— In order that a Will might 
be valid, it was requisite not only that the Testator should possess the right of 
making a Will, (Factio Testamenti,) and should have duly performed the cele¬ 
ry a ^fT rd)ed \ also that the nomination of the Heir (institutio 
heredis) should be regularly expressed (solemn more) in certain set words. 
Ihus the regular form (solennis institutio) was Titius heres esto , for which 
might be substituted, Titium heredem esse iubeo , but if the words employed 
were l itium heredem esse volo, the deed was worth nothin* 2 

Many other legal niceties were insisted upon. Thus, if a father wished to 
disinherit (exheredare, exheredem facere) a son who was In Potestate it was 
necessary to state this expressly in established phraseology, such as, Titius 
films meus exheres esto, but if he merely bequeathed his property to another 
without specially excluding the son In Potestate, the Will was invalid 3 

A Will was also rendered null and void by any material change having taken 
p ace m the position of the Testator, with regard to his own family or to society 

at f ge L a n er ^ had been made ‘ Thus > if an individual, after he had 
made a Will, adopted a son or married a wife Cum Conventione in Manum, or if 

e ,{ n the tnne of executing the Will, subsequently passed In Manum 

of another husband, or if a son who had been sold returned under his Potestas, 
oi it ne himself suffered capitis deminutio, any one of these circumstances was 
sufficient to cancel the II ill. Moreover, any Will was cancelled by another of 
latei uate 1 ostenore testamento superius rumpitur. 4 

Strictly speaking, a Will which, in consequence of some informality, was, 

1 Iustin. Instit. II. X. 1—3. 

2 Gaius II. § 116. 

3 Gaius II. § 123. 127. 
i Gaius II. § 138—146. 


HEIRS. 


261 


from the first, null and void, was said non iure fieri; when it was originally 
valid, but was rendered null by some event which happened after it had been 
executed, it was said rnmpi s. irritum fieri. 

The Persons to whom Property was bequeathed. 1 — The general term 
for a person who succeeded to property on the death of another was Heres. 
When a person nominated as an Heir (institutus heres) accepted the bequest, he 
was said cernere hereditatem; when he entered upon the inheritance, adire here - 
ditatem. A person might bequeath his property to whom he pleased, as well to 
slaves as to free men. If he bequeathed property to his own slave, he was com¬ 
pelled to grant him freedom at the same time, in the form Sticlius servus meus 
liber heresque esto. If he bequeathed property to the slave of another, the 
bequest was invalid unless the master of the slave gave him permission to accept 
and enter upon the inheritance. 

Classification of Heirs. 2 —Heirs were divided into three classes, according 
to the relation in which they stood to the deceased. 

1. Heredes Sui et Necessarily more frequently termed simply Heredes Sui. 
—2. Heredes Necessarii. —3. Heredes Extranei. 

1. Sui Heredes. A man’s Sui Heredes were such of his children, whether 
by blood or adoption, as were In Potestcite and those persons who were in lib- 
erorum loco. We have thus as Sui Heredes , 3 

a. Sons and daughters In Potestate, but those who from any cause had ceased 
to be In Potestate, ceased at the same time to be Sui Heredes. A son born 
after the death of his father ( postumus ) who, if his father had lived until his 
birth, would have been In Potestate , ranked as a Suus Heres. 

b. A wife In Manu was a Sua Heres , because in the eye of the law she was 
in loco filiae. 

c. Grandchildren through a son— nepos neptisque ex filio —provided they 
were In Potestate of their grandfather, and provided their father had, from death 
or some other cause, ceased to be In Potestate. 

d. Great-grandchildren in the direct male line —pronepos proneptisque ex 
nepote ex filio nato —and so on for more remote descendants, provided the male 
person nearer in the direct male line had ceased by death or otherwise to be 
In Potestate—si praecedens persona desierit in potestate parentis esse —it being 
essential to the character of a Suus Heres that lie should be In Potestate of the 
person to whom he bore that relation, and that he should not, upon the death 
of that person, fall under the Patria Potestas of any other person. 

e. A son’s wife ( [nurus ) provided she had passed In Manummariti , and pro¬ 
vided her husband had ceased to be In Potestate , for in that case she became in 
the eye of the law neptis loco. In like manner a grandson’s wife might become 
proneptis loco , and so on for the wives of more remote descendants. 

Heredes Sui were also Heredes Necessarii , because they were held in 
law to be the heirs of the person to whom they succeeded, even if he died intestate, 
as we shall explain more fully in a subsequent paragraph. But although this 
was the strict letter of the Civil Law, they might, if the person to whom they 
succeeded died insolvent, by making application to the Praetor, receive permis¬ 
sion to refrain ( abstinere ) from accepting the inheritance, in order to save their 
own property, if they possessed any, from the creditors. 

2. Heredes Necessarii. Slaves when nominated heirs by their masters 

1 Gaius IL § 185—.190. 

2 Gaius II. § 152—17a 

3 Gaius IL § 156. III. § 1. 


262 


HEREDES—LEGATARII. 


became Heredes Necessarii, being compelled to accept the inheritance; and on 
this account a person who had doubts regarding his own solvency, sometimes 
nominated one of Ins slaves as his heir, in order that the disgrace resulting from 
the sale of his effects, ( ignominia quae accedit ex venditione bonorum ,) for 

e oo o his creditors, might fall upon the slave rather than upon the members 
ot his own family. r 

3. Heredes Extranei. All heirs not included in the two divisions described 
above were classed together as Heredes Extranei Thus, sons not In Potestate 
to whom their father bequeathed property ranked as Heredes Extranei , and in 
like manner, all sons to whom property was bequeathed by their mother, for no 
woman cou d have her children In Potestate. A Heres Extraneus had full power 
either to accept or to refuse an inheritance, the act of deciding being termed 
L n°‘sj d ®^ rmined t0 accept he announced his resolution by the formula 
Jduod me Publius Titius testamento suo heredem instituit, earn liereditatem 
adeo cernoque- but if he failed to do this within a certain period he lost all 
interest m the bequest, or if he entered upon the administration of the inheritance 

- through this form, various penalties were imposed by law varying 

with the circumstances of the case. J B 

It was customary in drawing up a will to define the period within which the heir 
must make his election, and, should he fail to do so, to provide for the succes¬ 
sion, by naming one or more persons under like conditions, thus— Lucius Titius 
iei es esto^ cernitoque in diebus centum proximis quibus scies poterisque, quodni 
ita crevens, exheresesto. Turn Maevius heres esto, cernitoque in diebus cen¬ 
tum, &c. The heir first named was called Primo gradu scriptus heres , the 
person who, failing him was to succeed, Heres substitute, and of these there 
ought be any number, Heres substitute secundo—tertio—quarto, &c. qradu. 1 

. .°, f T InS ' eri,a,,ce —A person might bequeath his whole propertv 

o one individual, or he might divide it among several in fixed proportions. 

A Un !f aU ? b J e . cts wblch could be weighed, measured, or counted, was called 
f. s \ . and tae dlvls ! ons of an inheritance were expressed according to the Sub- 

Measures ° f 416 AS ’ ^ WiU be explained in the chapter upon Weights and 

W esa1ariL 2 — W J™ n a person be( l ue athed his property to a single 
individual, or to several individuals in fixed proportions, the individual or 
individuals was or were termed Heres or Heredes. But a Testator might not 
nominate an heir or heirs in this sense, but he might think fit to leave special 
bequests or gifts to one or more individuals, such bequests or gifts not forming a 
definite proportion of the whole property, but falling to be subtracted from it 
before it was made over to the Heres or divided among the Heredes, or these 
bequests might be left as a burden upon the succession of one or more of the 

as the case be - s ach a gift or bequest was termed Legatum, and 
the person to whom it was made Legatarius , the verb Legare denoting the act 

making such a bequest. The civil law recognised four modes in which 
Legata could be bequeathed. 

1. Per Vindicationem, in which the form was— Lucio Titio (. . . here the 
ooject was named . . ) do lego. This form was applicable to those objects 
his’death^ aCtUa * y m the fllP possession of the Testator at the period of 

2. Sinendi Modo, in which the form was —Heres mens damnas esto sinere 

1 Gaius II. § 174—178. 

2 Gaius II. § 191—223. 


263 


SUCCESSION TO THE PROPERTY OF AN INTESTATE. 

Lucium Titium (. . . here the object . . .) sumere sibique habere. This 
form was applicable not only to objects actually in the possession of the 
Testator at the period of his death, but also to those actually in the possession 
of his heir. 

3. Per Damnationem , in which the form was —Heres meus (. . . here the 
object . . .) Lucio Titio dare damnas esto. This form was applicable to 
objects in the possession of any person whatsoever, the Heres being bound 
either to procure the object for the Legatarius or to pay him its estimated 

. value. 

4. Per Praeceptionem , in which the form was —Lucius Titius (. . . here 
the object . . .) praecipito. This form was applicable only when the Legata¬ 
rius was also one of the Heredes , and it authorised him to take the object 
specially named beforehand, ( praecipere ,) and in addition to the fixed propor¬ 
tion to which he was entitled over and above. 

The Law of the XII Tables —Uti legassit suae rei ita ius esto —was held to 
justify a Testator in bequeathing his whole property in Legata , so that nothing 
would be left for the persons named as heirs general. Hence the Scripti Heredes 
if not Sui nor Necessarii , frequently refused to intromit with the estate, (ab 
hereditate se abstinebant ,) and in that case the will fell to the ground, for no 
Legatum could be bequeathed except through a Heres , or as it was technically 
expressed, Ab Herede , 1 who was bound to pay it. To provide a remedy for 
this grievance various legislative enactments were framed. First a Lex Furia , 
(of uncertain date,) which limited the amount of a Legatum , but not the number 
of the Legatarii; next the Lex Voconia , (B.C. 169,) which provided that no 
Legatarius should receive more than the Heredes; but both of these statutes 
having been found defective, they were superseded by the Lex Falcidia , (B.C. 
40,) in terms of which no Testator could will away in Legata more than 
three-fourths of his property, so that one-fourth at least was, in every case, left 
for the heir or heirs, and this law was still in force when Gaius wrote. 

Law of succession to the Property of an Intestate. 2 —According to the 
Laws of the XII Tables, if a person died without making a will, or if his will 
was found to be, from any cause, invalid, the succession to his property was 
arranged as follows:— 

1. The Sui Heredes (p. 261,) inherited first. The property was divided 
among all Sui Heredes without distinction as to proximity—punter ad heredi- 
tatem vocantur nec qui gradu proximior est idteriorem exclud'd —but the divi¬ 
sion took place, as lawyers expressed it, non in capita sed in stirpes. That 
is, if the intestate had been the father of two sons, one of whom was alive and 
In Potestate at the time of his father’s death, while the other was dead or had 
ceased to be In Potestate, but had left three sons who were In Potestate of their 
grandfather, the intestate, then the son In Potestate and the three grandsons all 
inherited; but the inheritance was not divided into four equal parts, but into 
two equal parts, the son received one-half, and the remaining half was divided 
■equally among the three grandchildren, who thus received what would have 
been their father’s portion had he been alive and In Potestate at the time of 
the intestate’s death. So, in like manner, if an intestate left behind him—1. A 
wife In Manu. 2. A daughter unmarried, or who, if married, had not passed 
In Manum mariti. 3. A daughter-in-law who had been married to his son 
Cum Conventione in Manum , but whose husband had ceased to be In Potestate at 

1 Hence the phrase in Cicero pro Cluent.12. Ei tesCamenlo legat grandem pecuniam xfilio. 

3 Gaius III. § 1—38. Ulpian. XXVI. 1. 


264 


SUCCESSION TO THE PEOPEETY OF AN INTESTATE. 


the of tlie ^testate’s death. 4. A son (A) still In Potestate. 5. Three 

6 ra Two h ^ 11 ') ^ otest r at \ h Y* son ( B ) who had ceased to be In Potestate. 
6. Two great-grandchildren (c c) through a son (C,) and a grandson (T>,) both 

of whom had ceased to be In Potestate. 7. And, finally, if the wife of the 
intestate gave birth after his death to a child ( p ). Then the widow the son A 
the daughter, the posthumous child p, and the daughter-in-law, Udd each 
have received one-seventh of the whole property, one-seventh would have been 
divided equally among the three grandchildren b b b, each receiving- a one and 
twentieth of the whole, and the remaining seventh would have been divided equally 
among the two great-grandchildren c c, each receiving one-fourteenth Tt 

2. Failing _ Sid Heredes , the inheritance was divided equally among- the 
Consangume 1 of the intestate, that is, his brothers and siLrs' by the^same 
father, but it was not necessary that they should be by the same mother 1 A 
mother or a step-mother who by Conventio in Manum had acquired the rights 

Lorilt relat ‘ Tely ‘° hCT «2> »a S- 

3. Failing Sui Heredes and Consanguine *, the inheritance msserl tn 

nearest Agnail — Ins qui proximo gradu sunt~t\\a,t is the neares/male v* u a 
m the male line, and if there were several Aqnati who 5 stood in thp mc * re d 
then the inheritance was divided in capita and not in stirpes 6 

then l ea ving sons, .and 

exclusion of the sons of B, butifthe intestate left^ t« A’s property, to the 

ttL^r ephew8 Lyc ’ 

‘"at the inheritance 

the whole Im Gentilkium had fallen into desuetude h Gaius wrote ’ 

pemons^were altogether Excluded*-— ak ° Ve «*« -ngement, the following 

at Jhete 

ceased to be In Potestate. 2 Dorn atter “ ieir ^ther had 

o' 45 daughters who had passed In Manum mariti. 

. f A11 ™ les ’ except those in the direct line of descent thm™u , 
sisters, and those who were sororis loco . No aunt no mV™ r° n °} 1 ma . es ’ 
eould succeed. ’ 0 niece i n ° female cousin, 

various Praetorian^EdictsI 1 and iH law^f^successiotT^ecam "?“*> ^ 

ba“’ lm “ 1 * he legiSlati ° n ° f ' Jwtiaha P ,aced i‘ "Pon a dm InS"ct”y 

a c\«eS«W,^o a t S ho P s fborn 0 “V""* fathcr «"« «>• 


COGNATI—AGNATI. 


265 


Cognaii. Agnati.— The tie of Cognatio existed among all who could trace 
their descent from one pair who had been legally united in marriage, and hence 
included all blood relations, male and female, however remote the root of the 
genealogical stem might be. Those only were Agnati who could trace their 
relationship by blood through an unbroken succession of males. Cognatio , 
although the more general term, did not necessarily include all Agnati , for 
adopted sons, in so tar as legal rights were concerned, occupied in every respect 
the position of natural sons, and ranked as Agnati , but not as Cognati. On 
the other hand, Agnatio , in the eye of the law, was broken and dissolved by 
any one of the following circumstances. 

1. By Adoption. When adoption took place, the son adopted passed out of 
the familia to which he belonged by birth, and entered the familia of his 
adopted father. 

2. By the dissolution of the Patria Potestas in any way except by death. 

3. By Capitis Deminutio Maxima (p. 83,) for Agnatio could exist between 
Roman citizens only. 

The following Table exhibits the different degrees of Cognatio as recognised 
in the Institutes of Justinian :— 


Atnepos. v. Atneptis. 


266 


GRADUS COGNATIONIS 


klS 

& p 

Is 

ft g 

• co 


! sifts® 


rfS 

ft s 


c~.o 
to CO 


o* 2^ 

J S « 

T5 

SfcO 


J 


'■obj 

3 *-a 

o o 
» 3 C* 
.2 ® * 

U-g 


\ 

SJ? 

3 30 

l2 ® • 

^3 TJ 

S’ 2 

y 

S 


S’ o ’ 
S’» 


s'®, 

•<3 13 ?' 
S-.g 

to CO 


Sj»Tj 


0*0^ 

g-sraas 

1lurf^ 

® o> 2 • 

w o * 


If? 


•* | nj 

r*«§ s » g. 

S Sir's Ef *■ 

g.a a g 3 


fsjK 

; S.I 

S.a § 


; c 
; e 


►sj**! 

21 

< * i> * 2’ * 
ft g • 


® 

2 * 

CO 

< a 


i- 


l| 

? | e 


\ 


ag ' 


® 

2 * & 


t? ^ 

£>>5 


cr 

E3 

® 

►a 

o 

GO 

k 

O- 

S 

* 


\ 

o O' 

8 5 
l r> d _ 
‘q'o ® 
S-.O 

C*> CO 


hj 

*n 

o 

a 

CD 

>a 

o 

CO 

< <*> 

£ 


!>3 N 

«>§-§ 
a o 

£-w 


to 

» ■» CD 

2; o J 

Cs, CO S 


o*s| 
a c 


•to 


!sa 

n, »-*• 

ft c 


a *a 

^ CO 

O 

< 

® 


J 


s 


h3h3 


'i «-S 

O O 


|§?> 

,<v ® 

try^s is tf- 

a? 

to CO 

~-g ’ 

to J® 

• • 

J 

j 


s 


siB M 
a a • 


. 8* 
tv2 m 
-i 


hj 

P 


- s 


I 


J 


> 

•< 

p 


fcu 

«*. 

ft 


J 

\ 


hr 3 

T 5 
O O 

sDa 
«> ® - 
'fc'o 
>. o 


to" co 




>§►§ o. 
?-2 


»-* 

o 

p 

c 






\ 




J 


« 5? 
B 8- 
gi 

W 3 
ft 


c* 

co 

<* 

8* 


fe> 

ag 

©> 2 

$ £ 

a c 

CO 


■& 

§ 

C 




/'S 

P 

■*s 

ff 

co 


/ 


o' Js JB 
^ ^ ^ Oi 
2* O * 


s> s° a"? 1 
< o ‘s. a c • 

® 01 o • “ 


■ m |E3S 

S ft ^ 5= c - 


S ® 7" 

: 2- 

' C / 

CO ^ 


? I" 


g>a 

g g g 

< | g 

S. ^ o 

gfE 

• ?g^ 


Abavunculus. 

Abmatertera. 






















































CO GNAT!—ADFINES—ADOPTIO 


267 


b and e are Fratres or Sorores Patrueles 
fi and $ are Consobrini or Consobrinae 

b and e\ 


are Amitini or Amitinae 


> To each other. 


are Sobrini or Sobrinae 


/3 and e J 
f and c y 
c and f g 
V and / 1 
£ and fey 

The father or mother of a Sobrinus or Sobrina is Propior Sobrino v. Sobrina 
to the other Sobrinus or Sobrina. 

The term Consobrini was applied, in popular language, to the children of two 
brothers as well as to the children of two sisters (Gains III. § 10.) 

Adfines. — Adjinitas is the connection which subsisted after a legal marriage 
had been contracted between two parties, between the husband and the Cognati 
of his wife, and between the wife and the Cognati of her husband, the persons 
between whom the connection subsisted being termed, relatively to each other, 
Adfines. There were no degrees of Adjinitas recognised by law, for no legal 
relation existed between Adfines. The Adfines of whom we hear most frequently 
and for whom distinctive terms existed, were Gener , (son-in-law,) Socer , 
(father-in-law,) Nurus , (daughter-in-law,) Socrus , (mother-in-law,) Privignus , 
Privigna , (stepson, stepdaughter,) Vitricus , (stepfather,) Noverca , (step¬ 
mother.) Levir is a husband’s brother, and Glos a husband’s sister, relatively 
to his wife. 


Adoptio. Arrogatio.— We have already had occasion to speak of adoption 
in connection with the Comitia Curiata ; but one consideration with regard to 
the persons adopted was necessarily deferred. The person selected for adoption, 
if a Roman citizen, might be either— 

1. Sui Iuris , or, 2. In Potestate Patris. 

1. In the first case, it was necessary that the adoption should take place with 
the consent of the people assembled in the Comitia Curiata , (p. 117,) and when 
the adoption was completed, the individual adopted ceased to be Sui iuris , and 
passed under the Potestas of his adopted father. 

2. In the second case, it was necessary that his natural father should convey 
him, according to the forms of Mancipation in the presence of the Praetor, to 
the father by whom he was adopted. 

Here, strictly speaking, the former process only was an Arrogatio, because 
it alone included a Rogatio ad populum (p. 106.) Compare what has been said 
above (p. 117) on the different terms employed to denote an adoption. 

It must not be forgotten that a son, legally adopted, stood, in the eye of the 
law, in the same relation in every respect to the father by whom he was adopted 
as a son begotten in lawful marriage. 


III. Actiones. 


Definition of the term Actio.— Actio , in its strict legal sense, denotes the 
right of instituting proceedings in a court of justice for the purpose of obtaining 
something to which the person possessing this right conceived himself to be 
entitled— Ius persequendi sibi iudicio quod sibi debetur; 1 but the word is more 
generally used to signify, not the right of instituting a suit, but the suit itself. 
The person who instituted the suit was termed Actor or Petitor , the defendant 
Reus. 


1 Justin. Instit. IV. vi. 1. 




268 


ACTIONES —OBLIGATIONES. 


fi, €l ^'° f A j^ 0 ^~Actiones, when considered with reference to 
the natuie and object of the claim, were divided into_ 1 

1. Actiones in Personam. 2. Actiones in Rem 

1. Actiones in Personam were brought by the Actor, in order to compel the 
Pens to perform a contract into which he had entered, or to make compensation 

h6had ***«»» DareZZpZ 

2. Actiones in Rem were brought to establish the claim of the Actor to some 
corporeal object (res) m opposition to the claim of the Feus, or to compel the 

Reus to concede some right, such as a Servitus, winch wks claimeTby he 
pursuer and denied by the defendant. Dy ine 

Actiones, again, when considered with reference to the manner in which the 
claim was made, were divided into— e 

1. Actiones stricti juris. . 2. Actiones arbitrariae s. Ex fide bona. 2 

. Actiones stricti tuns a specific claim was made either for a definite sum 
of money {pecuma certa) or for a particular object; and if the pursuer failed to 
substantiate his claim to the letter he was nonsuited. 

2. In Actiones arbitrariae, on the other hand, the claim was of an indefinite 
character, as, for example, m an ordinary action of damages; and it was left to 

to be'afaMecr 1 ^ ^ ^ am ° Unt ° f com P ens ation which ought in equity 

©edition Of the term Obligatio .—Obligatio, in Civil Law, denotes a rela¬ 
tion subsisting between two parties, in virtue of which one of the parties is Wallv 
bound to do something for, or permit something to be done by the other nartv 7 
Pare Facere Praestare In every Obligatio there must be two persons 2u£T 
the person who is bound and the person to whom he is hlT t ’ 

termed respectively Debitor and Creditor. ' ^ TheSe W6re 

By comparing the definition of an Actio with that of an Obliaatio it will he 

42S"*" “ Cmtractu ' arisi "S » compact or agreement between 
the B othCT %<!& "“ “ Ddkt0 ' arisinS fr0m an in j' ur y infli c‘cd by one party on 


A. Obligationes ex Contractu. 

These were fourfold—a. Re.—b. Verbis.—c. Litteris.—d. Consensu 

1 MuSr’Zr Pb °S , Real - C “ the important were- 

. jUutui Datio.-—2. Commodatum. —3. Depositum.— 4. Planus 

rn M ¥ utui . ^ at } 0 ' Thls term was applied to the giving on loan objects which 

“1®" the unders tending that the borrower, on making repayment was bound 
to lestore an equal amount of the object borrowed but not the idmt;„„i ™, 
corn, wine, oil, or pieces of money wh'ich he hXi Z tnS Sthli 


1 Gaius IV, § 2. 3. 

2 Gaius IV. § 55—68. 
pro Rose. Comoed. 4. 

3 Gaius III. § 88. 

4 Gaius III. § 90. Iustin. Instit. III. xir. 1. § 1 — 4 . 


Quintil. I. o. IV. I. VII. 3. cic. de Invent. II. 19 . a off. III. ta 


OBLIGATIONES. 269 

case implied that exactly the same amount was to be restored as had been 
received; but from a very early period the practice of paying interest upon 
money borrowed prevailed at Rome. On this subject we shall speak hereafter. 

2. Commodatum. This term also denoted a loan; but in this case the 
temporary use ot some object was granted— Res utenda datur —and the borrower 
was required to restore ( reportare ) the self-same object which had been lent, 
such as a horse, a slave, or the like. The Obligatio contracted Ex Commodato 
was very different, in the eye of the law, from that imposed by Mutui Datio; 
for in the latter case the borrower was required to restore a like quantity of the 
object recei\ ed, even although what he had received might have been stolen or 
destioyed while in his possession. But if an object had been Commodatum , and 
had been properly watched and used while in the possession of the borrower, he 
was not liable, if it was stolen, lost, or destroyed, to be called upon to replace it, 
unless Cidpa could be proved. Thus, if a horse or a slave died of disease, or 
was struck by lightning, or perished by any unavoidable accident, the loss fell 
upon the lender. 

3. Depositum. When a sum of money or any piece of property was lodged 
for safety in the hands of another it was termed Depositum , and the person to 
whom it had been consigned was bound to restore it (: reddere depositum ) to the 
lawful owner, provided he did not deny having received it— Si depositum non 
injitietur. If he refused, then the depositor might sue him by an Actio Deposit *, 
and endeavour to prove his case. 

4. Pignus. In like manner, if any one deposited a pledge ( pignus ) with 
another as a security for a loan or any other engagement, the holder of the 
pledge was bound to restore it as soon as the loan was repaid or the engagement 
lulfilled, otherwise a suit ( Actio pignoratitia ) might be raised to compel resti¬ 
tution. 

b. Obligationes Verbis. 1 2 3 Of Verbal-Contracts the most important were— 

1. Nexum. 2. Stipidatio. 

1. Nexum A This term originally denoted any transaction whatever entered 
into per aes et libram according to the forms of Mancipatio (p. 258.) It 
subsequently became restricted in its signification, and was applied to the 
obligation imposed by the formal acknowledgment of a pecuniary loan, ratified 
by a symbolical transfer in the presence of witnesses. The process by which this 
Obligatio was incurred was called Nexi datio , the Obligatio itself being 
Nexum; the state or condition of the debtor was called Nexus , 3 when he 
incurred the Obligatio he was said Nexum ire , and became Nexus 4 or nexu 
vinctus. An obligation so contracted took precedence of all others in ancient 
times; and the law of debtor and creditor was characterised by extreme harshness 
and cruelty. If a person who was Nexus failed to pay his debt at the period 
fixed, and if the debt was acknowledged or had been proved in court— aeris 
confessi , rebusque iure iudicatis —he was allowed thirty days’ grace. After these 
had expired, if he could not find any one to become responsible for him, ( vindex ) 
the creditor might bring him by force ( manus iniectio ) before the magistrate, by 
■whom he was made over bodily (addictus) to the creditor. The creditor then 
kept him in bonds for sixty days, and diming this period made public proclamation 


1 Gaius III § 92—96. 

2 Varro L.L. VII. § 105. Fest. s.v. Nexum, p. 165. Cio. de Orat. Ill 40. 
1. Liv. II. 23. VI. 27. 34. VIII. 28. xxiii. Val. Max. VI. i. 9. 

3 Nexus is here a noun of the fourth declension. 

4 Nexus is here a passive participle. 


Aul. Gell. XX. 


270 


OBLIGATIONES. 


upon three market days, demanding payment of his debt. If, at the end of this 
teim, no one appeared to release the debtor, he became the slave of his creditor, 
who might employ him in work, or sell him, or even put him to death. Nay, 
it there were several creditors, the Laws of the XII Tables, if literally interpreted, 
gave them permission to divide the body of the debtor into pieces proportionate 
to the claims of each. Although there is no record of such barbarity having 
been actually perpetrated even in the worst times, it would appear, from th? 
narrative of Livy, that in the early ages the treatment of debtors by their creditors 
was very cruel; and this state of things continued until the passing of the Lex 
1 aetata, (B.G. o2G,) by which the condition of debtors was greatly ameliorated, 
t would seem that the personal slavery of a debtor to his creditor was not 
abolished by this enactment, but provision was made that he should be humanely 
treated; the right of selling him was probably taken away, and if released from 

bondage —Nexu solutus —he was at once reinstated in all his privileges as a 
woman citizen. ® 


. , 2, Stipulate. 1 In process of time the Nexum seems to have fallen altogether 
into desuetude, and verbal contracts were usually concluded by Stipulate and 
Reshpulatio, which consisted m a formal demand for a promise on the one side 
and a suitable reply on the other, the giver {Stipulator) employing the words 
a) i Spondes, the receiver {Restipulator) replying Spondeo. A third person, 
named Adstipulator , frequently took part in the proceedings, who, in case of the 
death or absence of the Stipulator , was entitled to enforce the claim. 

c. Obligationes Littens. 2 Of written contracts the most important were— 
1 Expensi Ratio. 2. Syngraphae. 

1. Lxpensi Ratio was an entry to the debit of one party in the account book 
of another party. In order to understand the nature and origin of this obliga- 

mZ t0 beai ’ 111 n ; md ’ that am ong the Romans, not only mercantile 

men, but eveiy master of a house, kept regular accounts with the Greatest 
accuracy. In domg this he was said domesticas rationes scribere—tabulas s 

regarded C °^ ere ’ t0 S? 0r b< T ne £% ent m keeping such accounts was 
legaided as disreputable. The entries were first made roughly in day-books 

e? kd ii dv /. rsar ™ or Calendaria,' and were posted at stated periods m ledgers’ 
called Codices Expensi et Accepti, which were divided into two columns, in one 
of which all sums received were entered and in the other all sums paid out 
or ^°™ en - ? vas , tbe ^neral name for any entry, whether on the debtor or the 
c editoi side of the account; and hence, facere—scribere—perscribere nomen 
° rd ' n .g t0 en-cnmstances, signify to record a sum as paid out, or a sum as 

a debi^ d 1US faC6re n ° men maj mCan 6ither t0 give a l ° an or t0 cont ™ct 


onp V fmm a yv/f ne f keepmg books entered . a sum of money as received from any 
. f’ bom Eitius, for example, he was said ferre s. referre accentum Titio that 

UlTn t‘v° t ,e Credit 0f , T i. tiUS; When ’ 011 the °‘ her l>and,Ta elred a tZ 

TV™ 3 Sa i {' erre s - re f erre ex P ensum Titio , that is, to place 
is to , V T, : and L . cnce > figuratively, ferre aliquid accentum alicui 

a claim k edg<! “ “ ° r a faV0Ur ’ ■ ferre ali iuid expensum alicui is to set up 

wereof tw°o f dnds. rtiCUlar d “ tem " d Nomim ^riptitia, and these 


l Gaius lit 1 9 m im. 14 - mIv5 " 3 - ™ P- w- 


OBLIGATIONES. 


271 


(1.) IS omen transcriptitium s. Trcinscriptio a Persona in Personam. This 
was made when, A owing a sum to B, and B owing a sum to C, C, with the 
consent of B, entered the sum as actually paid by C to A. 

(2.) Nomen transcriptitium a Re in Personam , when B owed a balance to 
C on any transaction, and C entered that sum in his books as having been 
actually paid to B. 

. Towards the close of the republic the Romans frequently kept their ready money 
m the hands of bankers or money changers. These persons were called Argen- 
tarn, or, in consequence of sitting in the forum with tables or counters before 
them, Mensarii s. Trapezitae. Debts were frequently paid, as in modern times, 
by orders on these bankers, a transaction expressed by the phrase Scribere s. 
1 erscribere s. Solvere ab Argentario , i.e. to write an order for payment through 
a banker, i.e. to give a cheque upon a banker. This will illustrate the expression 
in Livy, (XXIV. 18,) in reference to the trust money belonging to wards and 
unmarried women which had been lent to government— Inde, si quid emptum 
paratumque pupillis ac viduis foret, a Quaestoreperscribebatur, i.e. the money 
so expended was paid by a bill or cheque on the Quaestor. See also Cic. ad Att. 
IV. 8. XII. 51. XVI. 2. ad Earn. VII. 23. pro Plane. 42. Hor. Epp. II. i. 45. 

This being premised, the entry of a sum in a regularly kept account book 
constituted, in law, an Obligatio Litteris. Of course, if a sum was claimed in 
consequence of such an entry on the Expensum side of one man’s ledger, and 
no corresponding entry was found on the Acceptum side of the ledger of that 
person from whom it was claimed, some further proof than the mere entry would 
be demanded, and this collateral evidence would, in some cases, be derived from 
an examination of the books themselves. 

2. Syngraphae s. Syngraplia , i.e. bonds, formed another species of Obliga¬ 
tiones Litteris; but these were resorted to for the most part, if not exclusively; 
in transactions with foreigners. 

d. Obligationes Consensu. 1 A consensual contract, as it is sometimes 
called, that is, a contract by mutual consent, was concluded by a simple verbal 
agreement between the parties, although no tangible object had been actually 
transferred from one to the other, no legal form of words had been interchanged, 
and no writing or entry been made. Of consensual contracts the most important 
were— 

1. Emtio et Venditio. —2. Locatio et Conductio. —3. Societas. —4. Man- 
datum. 

1. Emtio et Venditio , buying and selling. A sale was held binding when the 
parties had come to an agreement as to the price, although there had been no 
delivery, no money actually paid, and no earnest-penny ( arra ) received. The 
giving of the Arra might be adduced as a proof that the contract had been 
entered into ; but it did not in itself form a necessary part of the contract. A 
suit brought to compel fulfilment of a contract of this kind was termed Actio 
Empti or Actio Venditi , according as it was instituted by the buyer or the 
seller. 

2. Locatio et Conductio , letting and hiring. The relation, between these 
terms will best be understood by considering their true original signification. 
Locare is properly applied to a party who sets down or supplies (locat) some 
object which another party takes away (conducit) and applies to some purpose. 
This being premised, it is necessary to draw a distinction between the use of 


1 Gaius. III. § 135—162. 


272 


OBLIGATIONES. 


Locare in the phrase Locare aliqirid faciendum and in the phrase Locare 
aliquid utendum. 

Locare aliquid faciendum. If a party were desirous of having some article 
manufactured by a skilful workman, he might be required to place down or 
supply (i. e. Locare ) the raw material, while the artizan would be called upon 
to take up and carry away with him (i. e. Conducere ) the material so 
supplied. Hence, if we use the word Contract in its limited colloquial sense, 
both Locare and Conducere may be correctly translated by the verb To Contract. 
Locare aliquid faciendum is to bind oneself to pay for the execution of a work, 
or in common language, To contract for the execution of a work, while Con¬ 
ducere aliquid faciendum, is to bind oneself to perform a work in consideration of 
receiving a certain remuneration, or in common language, To contract for the 
execution of a work. Hence, if we say in English, that a party has made a 
Contract for building a house, the expression is ambiguous, but in Latin, 
Locare aedesfaciendas would be employed with reference to the party for whom 
the house was to be built, Conducere aedes faciendas to the party by whom 
the house was to be built, and who was to receive payment for so doing. The 
party for whom the work was to be performed was Locator, the party by whom 
the work was to be performed, Conductor s. Manceps s. Redemtor. The Locator 
was entitled to demand a strict performance of the terms prescribed ( 'exigere ) 
from the Conductor, and hence it was the duty of the Aediles and Censors, who 
were the Locatores in making contracts for keeping the public buildings in 
repair, exigere sarta tecta, i. e. to insist that the buildings should be kept wind 
and water tight, and we read in Cicero of Censoriae leges in sards feeds exi- 
gendis (see p. 170.) 

. Local e aliquid utendum. Again, Locare may be used somewhat differently 
m the sense of setting down or supplying some object which, for a consideration, 
we permit another party to make use of and enjoy for a time. Thus, in the 
expressions, Locare aliquid utendum and Conducere aliquid utendum, Con¬ 
ducere applies to the paying party, and Locare is equivalent to the English 
To let on Hire , while Conducere means To Hire, or pay a consideration for 
the use of an object. In this sense we have the common phrases, Locare 
aedes and Conducere aedes, applied respectively to the landlord, who lets the 
house and receives the rent, and to the tenant, who hires the house and pays 
the rent. 1 J ' 

3. Societas in its widest acceptation denotes two or more persons who unite 
or combine for the prosecution of a common object; in its more restricted sense 
it denotes a mercantile partnership or company, the individual members benm- 

termed Socii. Such were the companies of Publicani, described above, formed 
for leasing the revenues. 

4. Mandatum properly denotes a commission. In many cases a person 

might find it convenient to intrust (mandare) legal or pecuniary business to an 
agent oi attorney, who was termed Mandatarius or Procurator, and if any one 
v 10 undertook such a task was found guilty of fraud, or even of carelessness 
his principal might seek redress by an Actio Mandati. See specially, Cic. pro 
Rose. Amer. 38, 39. F 

In all Obligadones ex Contractu it is necessary to draw a very sharp line be¬ 
tween the legal essence of the Obligatio and the proof. Thus, in real contracts, the 
delivering on the one hand, and the receiving on the other, constituted the leo-al 
obligation, but in order that an Actio, founded on this Obligatio, might °be 


OBLIGATIONES. 


273 


successfully maintained, it would be necessary for the Plaintiff to prove that the 
object had been actually delivered to the Defendant. In verbal contracts the 
symbolical transfer constituted the obligation, and this was always susceptible of 
pioof, because the presence of a certain number of witnesses was a necessary part 
of the form. In literal contracts the Latio Expensi in the ledger of one party 
constituted the obligation, and if corroborated by a corresponding Latio Accepti 
m “ ie ledger of the other party, the proof was complete, but if no such entry 
appeared in the ledger of the Defendant, then the mere fact of the Latio Expensi 
standing in the ledger of the Plaintiff could not be accepted as proof, because 
it might be a false entry, and hence it would be necessary to seek collateral 
evidence. This, as hinted above, might in some cases be afforded by the books 
themselves, for if those of the one party were found to have been kept in a clear, 
regular, and methodical manner, while those of the other were confused, imper¬ 
fect, and disfigured by erasures ( liturae ,) then a strong presumption would 
arise in favour of the former. 

Yl e now proceed to consider the second great division of Obligationes. 

B. Obligationes ex Delicto . 1 

These also were fourfold— 

a. Furtum. b. Iniuria. c. Damnum iniuria datum, d. Rapina s. Bona 
vi rapta. 

a. Furtum , theft. 2 According to the definition of Sabinus,— Qui alienam 
rem attrectavit quum id se invito domino facere iudicare deberet , furti tene- 
tur. A distinction was drawn from the earliest times between— 

1. Furtum manifestum , and 2. Furtum nec manifestum. 

1. Furtum Manifestum. According to the Laws of the XII Tables, a Fur 
manifestus , that is, a thief caught in the fact, if detected in plundering by night, 
might be lawfully put to death on the spot; and so also a Fur manifestus by 

if he defended himself with a lethal weapon, ( cum telo ,) but if he did not 
resist, then the owner of the property might seize, scourge, and detain him in bonds. 

2. Furtum nec Manifestum. By the same Code a Fur nec manifestus w r as 
compelled to restore double the amount of the property stolen; but both in this 
case and also in the case of Furtum manifestum , the person plundered was 
allowed to make a private arrangement with the thief. 

According to a very ancient usage, if a person suspected that property which 
had been stolen from him was concealed in the house of another, he was allowed 
to search for it, provided he entered the house naked save a girdle (licio s. linteo 
vinctus) and holding a large dish (lanx) with both hands. A search so con¬ 
ducted was called Furti per Lancem et Licium Conceptio. The thief, if detected 
in this manner, w r as punished as a Fur manifestus , and the person in whose 
house the property was discovered, although not himself the thief, was bound, 
by the Laws of the XII Tables, to restore three times the amount of what had 
been stolen, the suit for enforcing this penalty being termed Actio Furti con - 
cepti, while an Actio Furti oblati lay against any one who had conveyed stolen 
property and lodged it in the hands of another. 

In process of time the law against theft was in so far relaxed that in the case 
of a Furtum Manifestum , when not aggravated by darkness or violence, the 
thief was not placed under personal restraint, but was compelled in an Actio 
Furti to restore the stolen property fourfold. 

1 Gaius III. § 182—225. 

2 Gaius III. § 186. § 189. § 195. IV. § 111. Aul. Gell. XI. 18. Plaut. Pers, I. ii. 10. 

T 


274 


OBLIGATIONES. 


or offwS v7nk„„ A f Iniunarum lay against any one who had assaulted 
ottered violence, not merely m deeds but words, to any Roman citizen, whether 
Su \ *™, or In Potentate, or In Uanu, or In Tutela. 

„ ' y , the La ™ °f th . e ™ Tables, the Xe* Taliorm, “ an eye for an eve and 

a tooth for a tooth, might be enforced in the case of personal injuries ' This 
however, was not applied universally; for the compensation fixed for a bro en 

IZmTifZ* lmndre , d AsS T if a^ man, and one hundrS 

the efe of die l-T'tL o' 76 ’- ’ e a" ,aSter ° f T, the slave ’ in the latter case ’ being, 

the Z w£ ti^y/Ss^ P “* ^ aSSaU “ S ° f " m ° re triflin » W cl “ 

2. Mala Carmina. Famosi Libelli. The Laws of the XII Tahirs v.rn 
pai ticularly severe in the matter of libellous verses— Nostrae (says Cicero^ 

sanck C ndamlutawrZ res ca P ite dissent, in htihanc quoque 

■Vb 272 T quts occentavmet, sine carmen condidmel, qlod 
injamam Jaceret fiagitiumve alten— the punishment, if we can believe Pnr 

P In nrTels h ^ S flo £§' in S the off ender to death. 

process of time the Lex Talionis and other penalties for Iniuria fixed hv 
he ancient laws, fell altogether into disuse, and Action^ for peeuS _ 7 
at,on, founded upon Praetorian Edicts, weie substituted. lyZ TI CoZZ 

crimtoZ 5 Sn2teTa W nd° ^11 "P™ anoL-was liabLtot 

in the mines. ’ ’ f convlcted ' m, S bt be banished or condemned to work 

laws'of thTvff T°hf ‘° tbe pr0pe 7 y -° f an0ther - U 

tar F ” 

timts,tC; b^nctdTfn th Ta c 2 7 ° Pen .™ fe “ Ca “ ancient 

t0 

Examr\T l Ttv CWrartM ’ and, 2. OUigationes quasi ex delicto 

A?UoZ* feimded upon lern’To T\ “re b 7 th.ee 

m£t\ F egSZm™ CUnd °*- 2 - t V 21 ab r ( 3 P : S 

be S^rx^^dTTo:^ 


GelLXVL la xx! 1 °' Porphyr - ad Hor * Epp. H. 152. Fest. s.v. TafcW,, p. 3G3 . 

3 Cfavlir.l 2 ^^*. 4^4 P o r 4 R u Srn C Ctit 11 iv F ? t i. S - V - p ’ 2C5 ’ 


Aul. 


ADMINISTRATION OF THE LAWS—IUDICIA PRIVATA. 


275 


to prove injurious to the person or property of another individual, in which case, 
the latter might call upon the former to take measures to prevent such an injury 
as was anticipated, or to give security that, if the injury was inflicted, ade¬ 
quate compensation would be made. 

THE ADMINISTRATION OF THE LAWS. 

All judicial proceedings were comprehended under the general term Indicia , 
and these were naturally divided into Indicia Publica and Indicia Privata , 
which correspond closely with what we designate as Criminal Trials and Civil 
Suits; the subject of the former being those offences which may be regarded as 
afiecting the interests of the community as a body, such as murder, treason, 
embezzlement of public money, forgery, malversation in a provincial governor, 
and many others ; the subject of the latter being those disputes, chiefly regarding 
property, which arise between individuals, and in which the state has no interest 
beyond that of providing the means for a legal and equitable decision. Cicero 
(Pro Caecin. 2) points out the distinction very clearly 1 — Omnia indicia , ant 
distrahendarnm controversiarum , aut puniendorum malejiciorum caussa 
reperta sunt; but, at the same time, it must be observed that certain wrongs 
which among onrselves are made the grounds of criminal prosecutions, were 
regarded by the Romans as subjects for a civil suit only, and vice versa. 
Thus, during the later centuries of the republic prosecutions for theft were 
Indicia Privata , while adultery exposed the offender to a criminal impeach¬ 
ment. 


I. Iudicia Privata. 

In explaining the details of a civil suit we may consider—1. The Persons 
concerned. 2. The actual Process. The persons concerned belonged to two 
classes. 

1. The persons who decided the suit. 

2. The persons who carried on the suit, i.e. the Actor and the Reus, with 
their counsel, agents, witnesses, &c. 

The Judges iu Civil Suits. —In the earliest ages the Kings acted as supreme 
judges in civil as well as in criminal trials; and after the expulsion of the 
Tarquins these functions were, for a time, discharged by the Consuls. The 
Consuls were relieved from judicial duties after the institution of the Praetorship, 
(B.C. 367,) and from that time until the downfal of the republic, the Praetor 
Urbanus and the Praetor Peregrinus presided in the civil courts. Some of the 
other magistrates, such as the Aediles and the Quaestors, had the right of acting 
as judges (iurisdictio) in matters pertaining to their own departments; but all 
ordinary controversies between man and man were submitted to the Praetor. 
In the Provinces, the Provincial Governor, and in the cities of Italy which 
adopted Roman forms, the chief magistrate had Iurisdictio , and exercised the 
same powers as the Praetor at Rome. 

Mode iu which the Praetor exercised Jurisdiction. —In very simple 
causes the Praetor at once decided the matter in dispute, and the process was 
termed Actio Extraordinaria; but in the great majority of causes, hence termed 


1 Cicero employs the phrases Iudicia Privata (Top. 17) and Causa Publica; (pro Rose. 
Amerin. 21 ;) but it seems doubtful whether the technical division into Iudicia Publica and 
Iudicia Privata was recognised until employed in the writings of the jurists of the empire, 
and even by them the former term is used in a restricted sense (Macer. Digest. XL. i. 1.) 
The words of Ulpian (Digest. I. i. 1.) clearly points to the division adopted above— Pcblicum 
jds e*t quod ad statum rei Romanae special, Pkivatum, quod ad singulorum utilitatem. 


276 


IUDICIA PEIVATA. 


tr!n 7 fr 0 J din ? r - ae ' - he appn!ntt ‘ 1 one or 111 ore umpires, for whom the o-eneral 
te m is Index, to inquire into the facts of the case, and to pronounce iudfmen?' 

but e prcuousiy instructed the Index as to the points oflaw 3ved and hid 

own the principles upon which the decision was to be based After the Iuder 

SKrf J " dgment ’ il b “ ame the Pr“t to^give^effec/to 

Do H Drco! Aijmco: Cti0n ° f ** “ ™ Said ‘° be * three words 

an<fappoi^ed'on7o7mOTeumpires5 aVe P “ n ‘° the Suit “ t0 «»*. 

AddktbltPnvn^ n"' a tbe , hw f ° r the guMance of the Indices. 

m %Hif aStU -l erit per puem Trta Verba silentur. 
rastus erit per quern lege licebit agid 

des!*ef w“ coZtaZ ra ’qt I? 6 ° P his ?*“' *° ‘ake all the steps 
frequently sought^ thm^ivice^f^hose^hu 1 ' 8 ’ &r h ? °™ sa “ction, he 

to ^rma«7heir“ 3 t ting r he, i b; [ d f™‘“»«. according 
caUed upon to discharge ’ Dature ° f the duties they were 

matter of fact, the partfe^themseives^or 1 °if h the q " eSt 'n tUme<I upon a s!m I )Ie 
nominated a single umpire who fl ’ f l - e ' 0011 d not the Praetor, 
Index. ° 1 e ’ Wh0 ’ under theae circumstances, was named specially 

the 2 umptft pronounce It'ouestt^ ^ ° f v ^ * was ™ry for 
Hence, S IndexZZZTe Z1S t“n ™ ^- Arbiter - 

Actio ex fide Iona ("see p 268 ^ and io • ( st [ lctl * Mm > an Arbiter in an 
*“7, waf termed 0,1 Acti ° 

Arbitrium . 3 Actio ex fide bona , was termed 

refLdTyX^pLSoThe 0 h?d- im , por n “? compIioated nature were usually 
Of individSeiS°nnVX'frSbfee 0 ^ 6 ■?“' ™ S “" s!s ‘ ed 
of the thirty-five Tribes making A . ' 6 ^omitia Tribute, three from each 
numbers, Centumviri. The period when thit red a . nd five ’ or ’ in round 

The name cannot be older tha!i B.C. 241, for the^rsIX' 1 ?? 4611iS ,, . nkll0 " rn - 
to thirty-five; (p. 68 9 but a cimlbr il J en first the Tribes were increased 

epoch, (see Liv. III. 55,) in the Decemviri tf/LvT 6 . ex !® ted ^ a much earlier 
have spoken above, (p 196 T and mnv l Stlltlhus wdicandis , of whom we 

are unable to determine the leefseZi of the" a " gme nted. We 

m certain cases, to have extended even to criminal trials*'“t™’' vh ' ch ap P ea ra, 
taat causes connected with wills and successions were y er } fequen%'submE 

l ^ pjl-< T.^ >a ^anc^^8. cuforat I. 3 7 !?n § 3 °* 

Top. !7. 1C> Pr ° R0SCI ° Comoed - 4 - where these distinctions are fully explained, and com P . 


IUDICIA PRIVATA. 


277 


to them, and, in addition to these, Cicero (De Orat. I. 38) gives a long, but, as 
he himself indicates, by no means a complete catalogue of Causae Centum- 
virales. 

In later times, under the empire, the Praetor himself sat as president in the 
court of the Centumviri; their numbers were increased to one hundred and eighty, 
and they were divided into two, and sometimes into four, sections, ( quadruplex 
iudicium ,) which, in certain cases, judged separately. 1 

^ hen the Centumviri sat in judgment (Centumvirale Iudiciuni) a spear was 
set upright before them, and hence the phrases Iudicium hastae — Centumviralem 
hastam cogere—Centum gravis liasta virorum—Cessat centeni moderatrix 
iudicis hasta , &c. 2 According to the explanation of Gaius, (IV. § 16,) the 
liasta , being a symbol ol legal right of ownership, (iusti dominii ,) was held to 
be a suitable emblem for a court which settled conflicting claims— maxime enim 
sua esse credebant quae ex liostibus cepissent: unde in Centumviralibus iudiciis 
hasta praeponitur. 

4. Recuperatores. This name was originally given to a mixed body of 
commissioners, appointed by a convention between two states for the purpose of 
adjusting any claims and disputes which might have arisen between the members 
of those states. Subsequently a judicial corporation, consisting of three or five 
individuals, who bore the name of Recuperatores , was established at Rome, under 
the immediate control of the Praetor Peregrinus, for the purpose of acting as 
umpires in suits in which Peregrini were concerned. In trials before the Recu¬ 
peratores all those tedious and complicated formalities which characterised 
ordinary processes between citizens, were dispensed with; and hence, it would 
appear that when a speedy decision was desired, the parties, although both Roman 
citizens, sometimes, by mutual consent, submitted their cause to the Recupera¬ 
tores. 2 

1 he Parties in Civil Suits.— The parties in a civil suit were, as already 
mentioned, the plaintiff, termed Actor s. Petitor, and the defendant, termed Reus 
s. Adversarius , the name Adversarius being, however, applicable to either party. 
It was not essential that the parties should appear in person, either or both might 
conduct their case by means of an agent, who, according to circumstances, was 
styled Cognitor or Procurator. A Cognitor appears to have been named in 
court, with certain formalities, in the presence of both parties, and hence the 
party for whom he appeared became at once responsible for his acts. A Pro¬ 
curator, on the other hand, was not necessarily named in court, and might be 
appointed without the knowledge of the opposite party, and therefore was obliged 
himself to give security that his acts would be adopted by his principal. We 
shall reserve our remarks upon the counsel ( patrom ) employed to plead, until 
we treat of criminal trials. 

Before considering the regular steps of a suit, it is necessary to explain the 
signification of two terms closely connected with the history of civil processes. 
These are Legis Actiones s. Actiones Legitimae and Formulae. 

Ijegis Actiones.— In the earlier ages of the republic, when a party instituted 
a suit against another, he was obliged to make his claim according to a certain 
prescribed form of words, derived directly from the law upon which the claim 
was founded, and to this form it was necessary to adhere strictly. The form 

1 Cic. de leg. agr. II. 17. Ovid. Trist. II. 91. Phaedr III. x 35. Plin. Epp. I. 5. 18. II. 
14 IV. 24. V. 1. VI. 4 33. IX 23. Quintil. I. O. IV. i 57. V. ii. 1. VII. 2. XI. 1 XII. 5. 
Dialog, de causis C. E. 38 Val. Max. VII. viii. 1. Suet. Oct. 36. Aul. Gell. XVI. 10. 
Paul. Diac. s.v. Centumviralia indicia, pp. 54 64. 

2 Fest. s.v. Reciperatio, p. 274. Liv. XLIIL 2. Cic. in Verr. III. 11. Gaius I. § 104. 


278 


IUDICIA PRIYATA. 


employed was termed Legis Actio , and the person who employed it was said Teqe 

1 ie Le P ls Actl ° ™ ed according to the nature of the case; and if any 
plaintiff selected a wrong Legis Actio , or departed a hair’s breadth from the 
precise words of the proper form, he was at once nonsuited— eo res perducta est , 
!?’ Ve l qm errassct, perderet (Gains IV. § 30.) The knowledge of 

L p T/ WaS ’ f ? r , a 0ng , penod ’ confined t0 th e Patricians and especially to 
the Pontifices, and hence the whole administration of the Civil Law was, for a 

lengthened period, virtually in their hands. Gaius (IY. § 12) enumerates five 
passes of these Legis Actiones-Lege autem agelatur midis \~Zacr a - 

Znem- P P r pZ' P °J ul f onem ’’ ^ Condictionem: Pei Janus Zee 
tionem . 1 er Pignoris Captionem. 

1. Sacramento. So called, because at the commencement of the process each 
of the contending parties deposited or gave security for a certain sum called 

La W theVl ‘° the P l, ¥° b X th <> ^ According to the 

La vs f the XII Tables, the amount of the Sacramentum was 500 Asses in 

upwards 'and 50 A«e T P !n Per ^ “ dispute am01,nted to 1000 Asses or 
upwards, and 50 Asses when the value was below 1000 Asses. The parties 

lesoituig to tins kind of Legis Actio , which appears to have been applicable to 
gieat variety of cases, were said Contendere Sacramento. The term Sacra¬ 
mentum may have been adopted in consequence of the parties having- been 

staSTof ffirfHhSl*? 6 a " oath . u P 0 '? depositing the sum, or from the clrcum- 

See Va™ tlf V § m P a P plied t0 *** 

Z' P a \ J p dlci f Postulationem. When both parties, by mutual consent 
appeared before the Praetor and requested him to name a Iudex. 

l P Z 7 u m tTiLZZZsii Aclor adversari0 “ ato >«<* '<***» 

r ™t'* PeT Mo e nus Imecti onem. When a party had been judicially sentenced to 
pay a sum of money to another, and had failed to discharge the debt within 

tt L 7 1 S ; the V h n e . Cred i tor was entitled-^ iudicati-io lay Landsupon 

Lmpdfc payment nn The7 ^ befor< ; r the ™ a gistrate, with the view of 
P g payment. The Legis Actio per Manus Iniectionem was bv snW 

||?! 1 laws ’ exten ded to various cases in which there had been no previous 
judicial sentence. _ These are enumerated by Gaius IV. § 21—26 P 

ate? 5 ? nT 1 — 

had faded to perform the obligation, to the seller of a victim for sacrifice and to 
-29,'comp' Cfo. inVemni.^l.' 1 *° W ^ ™ p0St ' See Gaius IV - § 26 

Cot"’ substituted. ftW proceZ’by tlmuZ sTeta 

The grand distinction between the use of Legis Actiones and Formulae con- 


IUDICIA PRIVATA. 


279 


sisted, originally, in this, that while the former were selected and employed by 
plaintiffs at their own risk, the latter proceeded from the supreme judge, and 
■were, in fact, carefully worded instructions to the index, adapted to the circum¬ 
stances of the case, after these had been ascertained from the statements of the 
parties. Indeed, the Formulae , in many instances, corresponded closely with 
what we term the Issues submitted to a jury, when trials by jury are resorted to 
in civil suits. 

Eventually, indeed, the Formulae adapted to cases of a particular class became 
fixed, and the number of these established Formulae was constantly increased 
by the annual Edicts of the Praetors, by whom new Formulae were, from time 
to time, introduced to meet new circumstances. In the days of Cicero these 
established Iormulae had accumulated to such an extent that the orator declares 
that provision had been made for every possible contingency; and it appears, 
that at this period, the plaintiff was in the habit of selecting the Formula 
according to which he wished his case to be tried, although the technical precision 
of the Legis Actiones was no longer essential —Sunt iura, sunt formulae de 
omnibus rebus constitutae , ne quis aut in genere iniuriae , aut ratione actionis 
errare possit. Expressae sunt enim ex unius cuiusque damno , dolore , incom- 
inodo, calamitate , iniuria , publicae a Praetore Formulae, ad quas privata 
lis accommodatur. Cic. pro Rose. Comoed. 8. 

Formulae were divided into two classes— 

1. Formulae in Ins conceptae. 

2. Formulae in Factum Conceptae. 

The former were employed when the facts of a case were admitted, and it was 
necessary merely to determine the legal consequences or results of those facts, 
and whether, in the eye of the law, any damage had been sustained by the 
plaintiff, and if damage had been sustained, to decide the amount. The latter 
were employed when the Index was called upon to decide with regard to the 
truth of conflicting statements as well as on the legal validity of the claim. An 
example of each, taken from Gaius (IV. § 47) will make the nature of the 
Formulae belonging to each class sufficiently distinct. In what follows it is to 
be observed that Aulus Agerius and Numerius Negidius are fictitious names 
representing an imaginary Actor and Reus. 

1. Iudex esto. Quod Aldus Agerius apud Numerium Negidium menscim 
argenteam deposuit , qua de re agitur , quidquid ob earn rem Numerium 
Negidium Aulo Agerio dare facere oportet ex fde bona eius , id iudex 

Numerium Negidium Aulo Agerio condemnato . Si non paret; 

absolvito. 

2. Iudex esto. Si paret , Aulum Agerium apud Numerium Negidium 
mensam argenteam deposuisse , eamque dolo malo Numerii Negidii Aulo Agerio 
redditam non esse , quanti ea res erit , tantam pecuniam iudex Numerium 
Negidium Aulo Agerio condemnato: si non paret , absolvito. 

Form of Proccs* in « Civil Suit.—Although it is manifest that the form of 
process must have undergone many changes in details during the long period 
which elapsed from the foundation of the city to the downfal of the constitution, 
and must have been much influenced by the gradual transition from the Legis 
Actiones to the Formulae; yet, in so far as our authorities enable us to judge, 
it appears to have varied little in its general outline. It always consisted, as 
may be inferred from what has been said above, of two parts— 

1. Proceedings before the Praetor, said to be In lure. 

2. Proceedings before the Iudex , said to be In Iudicio. 



280 


IUDICIA PRIVATA. 


ilipss 

in the cZiL ft 1 yfefiaafr ^administered jus’J 
an elevated platform, terir^faL/ arofnd wh^’hTf P ' aced T" 

the dSdm/w appear" befbirtheP°" t ‘ he f H ° f the P Iaintiff ™ snmmon 
refusal or an attempt to escape, the plaMff V^Sorized^ b/tte LawToflhe 

Xr ns=,“„*r,s "jssrA: f~?* r- 

could not, however be dno-owl fi-nm i • ! S10 i 0 fe at. 1X - A defendant 

that he was wilfully concealing himself f ° V ‘^ b ° USe ] JUt lf Jt coulcl be proved 
the Praetor might!confiscatJ wTZL f 1 t0 , av °i d an a PP ea ^ce in court, 

«w bona mittebatur P P i ) oi e benefit of the plaintiff— Actor 

nnd^t^rrd'sSh a ST * h * °° M “ another to 

The Vindex, who" inancient L\7T* Utn ™ originally termed Vindex. 

forthcoming when necessaryL C Zt’JTu T l ®* the defendant would be 
or Procurator. 7 ’ se ™ s gradually to have passed into the Cognitor 

Intentio. Actionis Postulatio. Excentio Th 0 i, • 

before the Praetor the nlalntlff m i ’ ^ c " ^ ie P ar t ies having appeared 

asked leave to bring theVit into coun (AcZZtuuUh^ ^ffd 
then simply denied his liabilitv or o-nvo in a , i • V°stiUabat.) The defendant 

if he required further ^ TtePr aetor, 

^ktfr-Id^ca^ 

mi Ifth b e e p f0ll r ed by. Triplicatlo, a Quad^plifaZ &f’ “ Ud ‘ he 

theplaintiffTealeTo bring hUedfS^urt^f."T 1*™ “l 3de ° Ut ’ he gave 
then declared what Actio he intended to P ’ i ° ^^ftionem,) and the plaintiff 
Jbmufafi were substituted forthe/L!, ^ After the 

selected sometimes, as we have aeen^h phones, the appropriate Formula was 
times by the plaintiff! 6 ’ bj the Praetor > more frequently in later 

clu“e^es ^'Sri T , h ?f Vf n — having been eon- 

and the JiWia (Gains IV. § “xed the Plaetor ’ 

take place within a limited period after the firs %r !h“ d a P.P earanc ? sl >ouId 
interval, had been umhlo m + 1 “ rst * the parties, during this 

the matter to a Judt £ ZlL^l TT" 0 ’*’ the PMor refe ™<! 
require; and the parties were obiio-pd’t 16 C ' ent ? l ™ mr h as the cause might 

theproce^^^ 


IUDICIA PRIYATA. 


281 


under the general term Litis Contestation a phrase which seems originally to 
have been confined to the notice given by both parties to their witnesses to 
appear before the Index. At this stage the cause was termed by jurists Indicium 
acceptum s. ordinatum. 

Vadimonium. At different stages of the proceedings in iure the plaintiff 
might call upon the defendant to give bail— Dare Vades — Dare s. Facere 
Vadimonium —for his appearance, and in so doing was said Vadari Ileum, 
that is, to hold the defender to bail, or to let him go on his sureties. When the 
defendant appeared at the appointed time and place he was said Sistere s. Obire 
Vadimonium; but if he failed to appear, he was said Deserere Vadimonium; 
the cause was called Iudicium desertum , and the Praetor at once gave judgment 
for the plaintiff. Generally, at any stage in the suit, either in iure or in iudicio, 
if one of the parties failed to appear personally or by his agents without being 
able to allege a valid apology, (iusta excusatio ,) then the judgment was given 
by default in favour of the opposing party. 

Vades. Praedes. Sponsores. These words may all be rendered by the 
English Sureties. According to Ausonius and Paulus Diaconus, Vas denotes a 
surety in a Res Capitalis; Praes , a surety in a Civil Suit. 

Quis subit in poenam Capitali Iudicio? Vas— 

Quid si Lis fuerit Nummaria, Quis dabitur ? Praes. 

But it cannot be proved from classical writers that this distinction was observed 
either in legal phraseology, or in the language of ordinary life. 1 Praedium 
originally signified any property which a Praes assigned in security to the state, 
but in process of time was used in a general sense for Landed Property. Prae- 
diator, as we learn from Gains, 2 was one who bought from the people a Praedium 
which had been pledged to them. 

Sponsor was a person who became surety to a Creditor for the performance 
of an Obligatio on the part of a Debitor (p. 268.) When there were several 
Sponsores jointly bound, they were called relatively to each other, Consponsores. 
A surety, according to the nature of the Obligatio , was sometimes termed 
Sponsor , sometimes Fidepromissor , sometimes Fideiussor. 3 

Proceedings in Iudicio.—The parties appeared on the appointed day before 
the Index , who took an oath to decide impartially, and was usually assisted by 
persons of high reputation learned in the law— His , quos tibi advocasti , viris 
electissimis civitatis —are the words of Cicero when addressing a Iudex (Pro 
Quinct. 2.) 

A statement of the case was then made by both parties, ( Causae Collectio s. 
Coniectio ,) evidence was adduced, both oral ( Testes ) and documentary, ( Tabulae 
—Epistolae — Codices — Rationes ,) depositions were read, ( Testimonium reci- 
tare ,) the advocates ( Patroni ) commented at length upon the details ; and after 
a full hearing, the Iudex or Indices pronounced sentence at once, or, if doubts 
still remained, put off the cause ( proferre iudicium ) for further debate, and this 
was sometimes repeated again and again ( saepius prolato iudicio , Cic. pro. 
Caec. 4.) 

The final sentence, when in favour of the plaintiff, was termed Conclemnatio , 
when in favour of the defendant, Absolutio. 


1 Yarro L. L. YI. § 74. Auson. Eidyll. XII. Paul. Diac. s. v. Vadem p. 377. s. v. Mancvps 
p. 151. Pseud. Ascon. in Cic. in Verr. Act. II. i. 45. 54 

2 Gaius II. §61. comp. Cic. ad Att. XII. 14. 17. pro Balb. 20. Yal. Max. VIII. xii. 1. Suet. 
Claud. 9. 

3 Gaius III. § 115. 


282 


IUDICIA PRIYATA. 


Actiones in Rem and Actiones in ?> roceedin & s detailed above were common to 
the Plaintiff, upon receiving leave ^ • But in Actiones in Rem, 

claim ( Vindiciae ) for temporary possession of the"!,“f’ USUaI1 . y made a 
should be finally settled • (nendente Tt \ +i •°^ ect in dls pute until the suit 
claim on the ho T raet b ^ • «—*r 

tet instance, to decide upon this prelimtar^ dlim S W 7 7 the 
claim of this nature was VinMninl 7 cla ™- the technical term for a 

Postulatio Vindiciarum the disenUin 6 &< i -°i tbe °^ a ' m Vindicatio s. 

Praetor, in prono^ShiTLlZJT W, ” ch n foIlowed Vindiciarum , the 

dum alter!, and the* partyto Zil T'* T/' Dicere Vindicias ^ 

said Ferre Vindicias Thus if it 10 awa ^ ded temporary possession was 
living as a slave S the pos S ’sin of a OX?* ^ “ individual > who was 

ought to be set at liberty, or, vice versa if itwe.^ “ ^'u 7 a fl ' eeman and 
nominally free, was in rea itv a sb, J Cl . e asserted that aa individual, 

be said rt 1Dt r * ^ f ° rmer Case ™ dd 

Vindicare in servitutem andienrrfil'. X' J lheral \ c ^ m the latter case 
whose freedom was in dispute should d ^ r f, etor decided that the individual 
treated as one free or one in ’ i mg th °. Prosecution of the suit, be 

libertatem or Dare Vindicias servZh 16 W&S - Said ddare Vindicias secundum 
libertate. See Liv I 1 T 44 47 . 57 *** Dkere Vindicias ab 

to give^e'eurity^hat ^heTbjecl^imdd ? ruir ^ P ™ ounced ’ was required 
ceedings were closed Tiiis ,ct , n .° . oss or ^ ama gc until the pro- 

Litis et VindiciarZ’. ™ ex P ressed the P hras « Dare Praedes 

it r ob r l c,a! T d “>*< 

When the object was not moveable, a piece of land far 1 •. 

practice at an early period, in accordance with 11 7 f exam P le ’ 14 was the 

of the XII Tables, for the awip, ! ! 1 , h the r . ule Prescribed in the Laws 

which was claimed by botlV and there to^ ^ Wlth the Praetor t0 th e land 
confrere,) each endeavouring to drag dl™ 77 a m ° Ck stra ^ ,e - ("««» 
this species of ejectment being termed Vts Civilh 7 ‘1777 ° ff tbc . eT0 ™ d ’ 
epoch, when the extent of the Roman territmw 7 + i ’ Q uotl diana. At a later 
it impossible for the magistrate to visit the^J^ ? G preSS . of business rendered 
before him, summoned each other to repair tothe^ V * Vt ' e3 e hav . in S appeared 
struggling to gain or keep possession of 1 r /•, A I0und for the purpose of 
ut titigantes non in iure apud Praetorem marT m *** C ° Utra XdI Tabul ™ 
consertum vocarent id est alter alto 1 m consererent sed ex hire manum 
vocaret —(Aul. Gel XX 10 V . /T ™ ** ^ ad manum ^nserendam 
(gleba) of earth f2 S^uUand aM’ 6 T’ 7* b ™» bt > c, « d 
Praetor, went through the forms of Vindirntn ’ ^ in the COllrt ’ before the 

sentative of the whole estate Fvlinl^ i ^ “ reference to this a ^ a repre- 
of proceeding to the ground The claimant sabstituted f °r the act 

words —Fundus, qui est in aaro out^h; summoried hls opponent in these 

tfBw ^ -- ^::r c zir e z zt-Za^ 


IUDICIA PRIYATA. 


283 


sarius replied— Unde tu me ex iure manum consertum vocasti , hide ego te 
revoco 1 —the Praetor then ordered them to go forth, each attended by his 
witnesses— Suis utrisque super.stitibus 1 2 praesentibus , istam viam dico: inite 
viam —the parties then made a few steps as if to depart, when the Praetor called 
upon them to return in the words— Redite viam —and then the ceremonies of 
the Vindicatio proceeded. Observe that Conserere Manum originally indicated 
the actual contest, and hence Conserere Manum in iure became the technical 
phrase for laying claim formally, in court, to property, while Conserere Manum 
ex iure is to be explained from the practice of quitting, or pretending to quit, the 
court (on this see Aul. Gell. XX. 10.) 

Sacramentum. After the Plaintiff had made his claim and the Defendant his 
counter claim, in Actiones stricti iuris , the Plaintiff* deposited a sum of money, 
termed Sacramentum , and challenged his opponent to do the like, using the 
words— Quando tu iniuria vindicavisti D aeris Sacramento te provoco , to which 
the Adversarius replied— Similiter ego te , &c. The amount of the Sacramentum 
was fixed by the Laws of the XII Tables. 

Formula. Petitoria. Sponsio.— After the Legis Actiones fell into disuse, 
the Vindicatio and Sacramentum were, in a great measure, superseded by the 
Formula Petitoria , or by the Sponsio. 

In the Formula Petitoria the Plaintiff* laid claim to the property— Petitoria 
Formula liaec est qua actor intendit rem suam esse —and the parties mutually 
called upon each other by Stipulatio and Restipnlatio (p. 270) to give security 
that they would be prepared to fulfil the decision of the court ( judicatum 
solvi .) 

The Sponsio , again, was a sort of judicial wager, of which one of the forms 
has been preserved by Gains—(IY. § 93)— Si homo, quo de agitur, ex iure 
Quiritium meus est, sestertios viginti quinque nummos dare spondes —to which 
the Adversarius replied— Spondeo. When the Sponsio was made by one party 
only, as in the above example, it was termed Sponsio Praeiudicialis , and was 
adopted merely as a convenient form of bringing the matter to an issue, the 
sum not being exacted if the Plaintiff was successful. In other cases, however, 
mentioned by Gaius, the Sponsio was mutual, and took the form of Stipulatio 
and Reslipulatio ; the amount named was forfeited by the losing party, as in the 
case of the Sacramentum, and the term employed was Sponsio Poenalis (Gaius 
IY. § 13. 141. 171. Cic. pro Rose. Comoed. 4.) 

Interdict urn. 3 —In some particular cases, those especially which referred to 
the possession of an object, a Plaintiff, instead of bringing an action in the 
regular form, applied to the Praetor to issue, in the first instance, an Interdictum 
or summary order to secure the rights of the applicant, by preventing any thing 
from being done to deteriorate or injure the object in question. Strictly speaking, 
a judicial order by the Praetor, commanding something to be done, was termed 
Decretum; an order forbidding something to be done, Interdictum; but Inter¬ 
dictum is constantly employed by jurists to comprehend both. Interdicta were 
applied for when some wrong had been done, or was likely to be done, which it 
was necessary to redress or prevent at once, without waiting for the ordinary 
technicalities in iure and in iudicio. Inter dicta, according to their character, 
were divided into three classes— 

1. Restitutoria. 2. Exhibitoria. 3. Prohibitoria. 

1 Cic pro Muren. 12. 

2 Fest. s v. Superstites, p. 305. 

3 Gaius IV. § 13. 


284 


IUDICIA PUBLICA. 


bee " f r^ ejected w ’minibus 
dictum Restitutorium ordering him to ho j*P os * e ®“ d mi y bt a PPty for an Inter- 
had been decided byaThe T‘ ^ shtS of the P arties 
chiefly occupied with m *, cZ LZ“ ‘ *?f‘ f Clcer “ P ro Caeci " a » 
2. If any one had gained nTe\Z of 1 S Interd } ctl ‘ m . Restitutorium. 
subject of conflicting claims and if there whq ^^ b0n ° r of a t,nn g which was the 
or thing in question might*suffer irrenarablp 1 ^ 011 ? a PP re h en d that the person 
custody of tie Defendant SUrt' ‘f 

bylonie in Kk t *° be leaned 

uprooting vineyards or the lif e ^ r * 7 s . sessioa ? su °h as cutting down timber 
for, forbidding^any such^act^ lke, ?roUbitorium might be apphed 

f -m being 

decided, and did not in itself prejudge thoseelJrJf f •' T res P ectlve clai ms were 
of a deliberate independent dSusSon 7 ^ j° form the object 

often led to a preliminary lawsuit for the Pnet^ a PP Ration for an Inter die turn 
had heard the opposite party and’ml Mu ‘\ e t0 }, mi ^ ht refuse to ^ rant it until he 
or refusing it to^he deS of a ° f gating 

granted, questions frequently arose as to «b ,5 an Interdictum had been 
been duly obeyed, and on ibisTesTon 1 i 1 r ^ ° f the PraetOT had 
protracted proceedings both in ire and in iSo rf‘“I “ igb * arise ’ with 

is somewhat difficult and complicated and tW n j Ti . e s " b I ect °< Interdicta 

do well to study the will 

anc t te ramarks of Savigny in his DasReJt des BedteJ * *° this topic, 

. . IUDICIA PUBLICA. 

Critnanal •J’lirisdlctioin of U ie lAinsrs_Tn or, fo 

us to investigate this obscure period of Roman wl ’l* anthorities Permit 
Kings were the supreme judges in all crimhlTtJ i 7 n , seeffis cIear tI,at ‘he 
final. It would appear that they exercised : a "' 1 <Jat their sentence was 

oidy, those of trivial character being committed to Zle" '?**? ™P»rtance 
The Kmg, moreover, might, if he thouvht 7, ‘he decision of the Senate. 1 
sioners, as took place whenHoratins‘I’d'fc TZ a"'*? com mis- 
when this was the case the accused had the rie-htof ® mu {? er f ]lis sis ter; and 
sioners to the Comitia Curiata. 2 When the Kino- ; ‘ , ppealu ig from the commis- 
but 110t imperative, for him to have the issisflmJ 8 ? f - person h was llsual i 
composed of the whole or of a portion of tbp £ ! 3 d ad , Vlce of a Consilium,\ 

.? sap j ect of complaint against the elder Tarnm? e +i . at , ea J we it made 
aid of a Consilium in criminal trials nf • that le dispensed with the 

rerum sine Consiliis capitallum 

the Consilium may have been if i L ‘ P ^9.) What the power of 
although it might aVse and“ ids it 3rn„t t \ d r*' mine; b "‘- P roba %, 
tion of the monarch. ’ d uot contl 'ol nor gainsay the resolu- 

*”• * ”• 1 " 5 * * «- «*■ I*. I. 2 , <0 . 4L 

4 sj 0n '.t “ ?6i Zonaras Vrt 9 
So with resard to Komulus, Ui„„ ys . , t 6R 


IUDICIA PUBLICA. 


285 


Criminal Jurisdiction of tlie Consuls and other Magistrates*—Upon 
the expulsion of the Kings the whole of the authority which they had enjoyed 
was transferred, in the first instance, to the Consuls, and consequently the latter, 
at the commencement of the republic, succeeded to the judicial functions of the 
formei, and jointly exercised the power of life and death, as in the proceedings 
against the sons ot Brutus. 1 This excessive power was, however, speedily 
limited, and in process of time altogether neutralized, chiefly by the Ius Provo- 
cationis , which we have already defined, in general terms, (p. 81,) to have been 
the light possessed by every Roman citizen of appealing to the people in their 
Comitia from the sentence of a magistrate in any matter which involved life, 
corporal punishment, or a permanent loss of political and social privileges. 

0) igin and Development of the Ius Provocationis .—It was positively 
asserted in certain priestly books, extant in the time of Cicero, that there was 
right of appeal even under the Kings —Provocationem autem etiam a Regibus 
fuisse declarant pontificii libri , significant etiam nostri augurales (Cic. de R. 
II. 31) but, it it existed at all, 2 it must originally have been enjoyed by the 
Patricians, alone, who would appeal to the Comitia Curiata. That a similar 
provision in favour of the Plebeians also may have been made upon the institu¬ 
tion ot the Comitia Centuriata is highly probable, but the rights of all classes 
alike would be altogether disregarded during the tyrannous dominion of the 
second Tarquin. 

I lie right of Provocatio was revived and extended so as to include all classes 
of citizens, Plebeians and Patricians alike, by the Lex Valeria , of Poplicola, 
passed B.C. 509, immediately after the expulsion of the Kings —Poplicola . . . 
legem ad populum tulit earn quae Centuriatis Cornitiis prima lata est , ne quis 
MAGISTRATES CIVEM ROMANUM ADVERSUS PROVOCATIONEM NECARET NEVE 

verberaret, (Cic. de R. II. 31,) 3 and this law was always regarded by the 
Romans as the Magna Charta of their freedom. It was subsequently renewed, 
and its provisions made more stringent by the following statutes :—• 

Lex I aleria et Horatia , passed by L. Valerius Potitus, and M. Horatius 
Barbatus, when chosen Consuls B.C. 449, upon the abdication of the Decemvirs, 
which enacted —Ne quis ullum magistratum sine Provocatione crearet: qui 
creasset , eum ius fasque esset occidi: neve ea caedes capitalis noxae haberetur 
(Liv. III. 55. comp. Cic. de R. II. 31.) 

Lex Dnilia , passed in the same year with the above, by M. Duilius, Tribune 
of the Plebs, which enacted —Qui Plebem sine Tribunis reliquisset , quique 
magistratum sine Provocatione creasset , tergo ac capite puniretur (Liv. III. 
55.) 

Lex Valeria , passed by M. Valerius Corvus, when Consul, B.C. 300, which 
is noticed by Livy (X. 9) in the following terms —Eodem anno M. Valerius 
consul de Provocatione legem tulit , diligentius sanctam. Tertio ea turn post 
reges exactos lata est, semper a familia eadem. Causam renovandae saepius 
baud aliam fuisse reor, quam quod plus paucorum opes , quani libertas plebis , 
poterant. Porcia tamen Lex sola pro tergo civium lata videtur: quod gravi 

1 Dionys. IV. 73. V. 8. X. 1. Liv. II. 1. 4. Cic. de R. II. 32. Val. Max. V. viii. 1. Cas- 
siodor. Var VI 1 

2 In the case of Horatius, as detailed by Livy. (I. 26.) the King nominated, in accordance 
with an existing law —secundum legnn —two commissioners '.duumviri) to try the accused; 
but the same law which provided for the nomination of Duumviri by the King to act as 
judges in cases of Uerduelti" expressly allowed an appeal from these Duumviri— Duumviri 
Peri-ceilionem xudicent Si a Duumvir s provocakit. provocatione ckrtato 

3 See also Liv II. 8. III. 55. X. 9. Val. Max. IV. i. 1. Dionys. V. 19. Pompon Digest. I. 
ii. 2 § 16. 


286 


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poena, si quis verier asset necassetve civem Romanum , sanxit. Valeria Lex 

adZsTea ZiZTTZli ^ SeCUri « Ue necari vetuisset » « ?*« 

IvZr lnl f ecisset ' m ¥ ultra 9 uam improbe factum , adiecit. Id (qui turn 
pudot hominum erat) visum , cret/o, vinculum satis validum leqis. 

mentiWd^r*’ tGn ° r Was similar to that of those mentioned above, is 
Sal W f d t 7* 7 m f P a ^ a & e J ust Quoted, and is alluded to both by Cicero and 

I t* Ifc 1S generally believed to have been passed by P. Porcius Laeca, who 

- ^ was Tribune of the Plebs B.C. 197. The 

chief evidence for assigning it to him is 
derived from a denarius, of which we 
annex a cut, representing on one side 
the usual helmeted head of Pome, with 
the legend P. LAECA, and on the other 
y, t an accused person standing in a suppli- 

whom is a Tiefor r»rrvinn> o j • a , lt: at t itude before a magistrate, behind 
' nom is a Lictoi canying a sword in one hand and two rods in the other the 

legend at the bottom of the coin bein<r PROVOCO *’ th 

affectfag’the ° f T , ables ' !t was orfained ■» measure 

f 'f • - -S’ “ 

iese restuctions reduced the criminal judicial powers of the Consuls 
rebe l,°„ e.ther a Dictator was named or the Consuls were invested by a decree 

Of s imp^trfSed ^ ^ 

jurisdiction ^vhatsoever in SZ" ^ "g»l« independent 

cerned the • cnminal causes in so far as Roman citizens were con- 

ri 

threatened with destruction from internal t eacl’erv the’se t“ -“ e St ? te " as 
with the Consuls, assumed the r.Vht Q l . eachei 7» lae Senate, m conjunction 

necessary for the security of the 8 public' and "of Infifrr** mGaSUres the 7 thought 
upon those by whom it was endangered ’ ‘ Of this? mg summar 7 punishment 
m the proceeding's against the fWeh*' / * S . e liave conspicuous examples 
with Catiline; but such measures were ! ga .T‘ the “nepirators associated 

m J5%& 

were liable to’ be called 

1 Sulliwt E, _ -C 1 ai3 







IUDICIA PUBLICA. 


287 


happened to Cicero, although at the moment of peril all parties acknowledged 
that Rome had been preserved from imminent hazard by his prompt decision. 0 

Occasionally, also, crimes were committed which appeared to be stamped with 
a character so strange and awful, that a departure from ordinary forms was 
deemed requisite, and the Senate, with the consent of all classes, undertook to 
investigate or to order the investigation of the offences and to punish the guilty. 
Ot this description were the poisonings recorded by Livy as having taken place 
in B.C. 331, when one hundred and seventy matrons were found guilty, and an 
occurrence of a similar nature in B.C. 180. 1 

But although the Senate, under ordinary circumstances, possessed no criminal 
jurisdiction over Roman citizens, it formed the regular court for the trial and 
punishment ot state crimes, such as treachery or insurrection, committed by the 
allies, 2 3 and sometimes took cognizance of crimes of a private nature, such as 
murders and poisonings, 0 although these and lesser offences were usually disposed 
of by local tribunals. 

It has been stated by some authors that the Senate inquired into charges of 
oppression preferred against Provincial Governors or military commanders° and 
punished the guilty. But although the Senate was the body to which such 
complaints were probably addressed by foreign ambassadors, it does not appear 
that the members ever arrogated to themselves the functions of judges. The 
example chiefly relied on—that of Pleminius (Liv. XXIX. 16)—does not bear 
out such an assertion, and the circumstances were altogether special. 

Criminal Jurisdiction of the Comitia. —At the commencement of the 
republic the popular assemblies appear to have performed the functions of a court 
of justice in those cases only where an appeal was made from the sentence of a 
magistrate. But while the power of the magistrates, when acting as criminal 
judges, was always viewed with great and constantly increasing jealousy, and 
became more and more restricted by the enactment of successive laws, so, m like 
degree, the direct jurisdiction of the Comitia was more distinctly recognised, till 
at length they became the regular and ordinary courts for the investigation and 
punishment of all the more serious crimes. Throwing out of consideration the 
Comitia Curiata, to which an appeal was made in the case of Horatius, but 
which, even before the expulsion of the Kings, had ceased to take cognizance of 
matters affecting the community at large, we find that both the Comitia Cen- 
turiata and the Comitia Tributa acted as supreme courts of criminal judicature. 
The Comitia Tributa originally claimed the right of sitting in judgment upon 
those offences only which were regarded as infringements of the rights and 
privileges of the Plebs as an order; but as the power of the Plebs increased, 
and their Tribunes grew more bold and grasping, disputes and collisions must 
have constantly taken place between the two assemblies, had not the Laws of 
the XII Tables expressly ordained that no citizen could be tried for any offence 
involving his Caput (p. 83) except by the Comitiatus Maximus , that is the 
Comitia Ceuturiata. At the same time the jurisdiction of the Comitia Tributa 
was extended to embrace all causes for which the penalty was a pecuniary fine 
only, even although not bearing directly upon the interests of the Plebs (p. 125.) 

Notwithstanding the positive injunction contained in the Code of the XII 
Tables, it seems probable, that, after harmony was completely established 

1 Liv VIII 18. XL. 37. Val. Max II. V. 3. 

2 Liv. IV. 23 VI. 13 17. VIII. iy. 20. IX. 26. X. 1. XXVIII. 10. XXIX. 36. XXXII. 26. 
XXX11I 3« Polyb VI. 13. 

3 Liv. XXXIX. 41. XL. 37. 43. Cic. Brut. 22. Polyb. l.c. 


288 


IUDICIA PUBLICA. 


between the two orders in the state, the jurisdiction of the Comitia Tributa was 
occasionally resorted to, with the consent of the Senate and the parties interested, 
even in cases which did not properly fall under its control, in consequence of the 
greater, facilities afforded for summoning and holding that assembly; but the 
expressions of the classical writers are not so precise as to enable us to speak 
with confidence upon this point. 

Form of Procedure in Criminal Trials before the Comitia.—No one could 
act as an accuser except a magistrate who had the right of holding the Comitia 
before which the charge was to be tried; and no one could be brought to trial 
v u nle holding any of the higher offices of state. The magistrate who had 
resolved to impeach a citizen, gave public notice of his intention in a Condo , 
and. named the day on which he would summon the Comitia for the purpose of 
instituting proceedings—hence the phrase Diem dicere alicui signifies to give 
formal notice of an impeachment. 

Meanwhile, the accused was thrown into prison, unless he could find sureties 
fades) for his appearance on the day fixed. This point is said to have been 
first settled when Quinetius Kaeso was impeached of murder, by A. Virginius, a 
Tribune of the Plebs (B.C. 461.) Virginius insisted that he should be kept in 
londs until the day of trial; but the College of Tribunes, when appealed to, 
ecided that, the accused must be forthcoming at the appointed time, (sisti renmf) 
and that bail, must be given for his appearance; ( pecuniamqne , nisi sistatur , 
populo promitti ;) and it was fixed that ten sureties must be found, fades dare 
placuit:decern finierunt: tot vadihus accusator vadatus est reumf) each of whom 
ecame bound for. three thousand pounds of copper. Livy concludes his narrative 
(Ill. Id) by stating— Hie primus vades publicos dedit. 

V hen the day fixed arrived, the accuser stated the charge, examined wit¬ 
nesses, and adduced other evidence in proof. This portion of the procedure was 
eimed Anquisitio, (Varro L.L. VI. § 90,) and according as the charge which 
tfie accuser sought to establish was one which involved the Caput of the accused, 
oi meiely a pecuniary fine, he was said, in the one case, capite s. capitis 
anquirere >, in the other, pecunia anquirere. 1 Sometimes, when the investiga- 
tion had been commenced with reference to a capital charge, the accuser departed 
trom tins, and was content to prosecute for a fine— In midta temperarunt 
trioum,quwm capitis anquisissent: duo millia aeris damnato multam dixerunt, 

( iv. II. 5.w,) and, vice versa, we find— Quum Tribunus bis pecunia anqui- 
sisset, tertio capitis se anquirere diceret .... (Liv. XXVI. 3. comp. VIII. 

When the Anquisitio was concluded, the magistrate then brought in a bill 
(Dogatio ) ordaining the infliction of certain penalties on the accused, and 

• mu i Wa f, P ubllshed ’ disc ussed, and accepted or rejected, as the case 
nngnt be, with all the. formalities required in submitting any ordinary legislative 
measme to tie Comitia. Hence the phrases Irrogare multam — poenam — 
supplicium ahcui. 1 

& l’uimmi .BnrSsdgcfion of Qnaesitores.—Although the Comitia possessed 
the unquestionable right of acting as a supreme court in all criminal causes 
artectmg Koman citizens, it must soon have become evident that it was highly 
inconvenient, and frequently impossible, for a popular assembly to examine into 


qui de 


<udic c °, “ foro ' apud “ naium quam apud 


IUDICIA PUBLICA. 


289 


the details of a complicated charge, and to sift and weigh a mass of confused 
and contradictory evidence. Hence, from an early period it became common for 
the Comitia to delegate their power to one or more persons, who acted as judges, 
and were entitled Quaesitores or Quaestores , the investigation or trial being 
termed Quaestio; and hence the phrases— Quaestioni praeficere—Quaestionem 
exercere—Quaestionem habere —employed in relation to those who conferred 
and to those who exercised this authority. Such an appointment is specially 
mentioned for the first time in B.C. 413, (Liv. IV. 51,) when the Comitia 
Tributa, at the request of the Senate, and with the consent of the Comitia 
Centuriata, nominated a commission to inquire into the murder of Postumius by 
his own soldiers, and in this instance the Consuls were the Commissioners. 

By degrees, as the population increased, and criminal trials became more 
numerous, the Comitia very rarely exercised their judicial functions directly, and 
the great majority of criminal trials were conducted under the presidency of 
Quaestores. 

There are several points connected with these officials to which we must pav 
particular attention— 

1. The judicial Quaesitor or Quaestor must be carefully distinguished from 
the Quaestores , who acted as Commissioners of the Treasury. The latter deno¬ 
minated, by way of distinction, Quaestores Aerarii , were regular ordinary 
magistrates, called upon to discharge a routine of duties, and elected every year. 
The former, the judicial Quaestores , were appointed specially for the purpose of 
presiding at a particular trial, they possessed no powers beyond, and as soon as 
this duty was discharged, their authority ceased. The Quaestiones were Special 
Commissions, the Quaestores were the Special Commissioners. 

2. The judicial Quaestor acted as a Judge, and was uniformly assisted by a 
Consilium or body of assessors resembling, in many respects, a modem Jury. 
This Consilium , up to the passing of the Lex Sempronia , in B.C. 122, consisted 
of Senators exclusively. How far the power of the Consilium may have extended 
in early times is unknown; but there is no doubt that at the period when the 
above law was passed a majority of their number could condemn or acquit the 
accused person without reference to the opinion of the Quaestor. 

3. The Quaestor being the delegated representative of the people, the sentence 
passed in his court was final. 

4. Although the Commission nominated in B.C. 413 is the first example 
which can be fairly regarded as historical, we find traces of a similar usage from 
the most remote ages. Thus, the Duumviri appointed by Tullus Hostilius for the 
trial of Horatius, were a species of judicial Quaestores , and the Quaestores 
Parricidii, mentioned in Paulus Diaconus, were probably instituted at a very 
early epoch— Parrici Quaestores appellabantur , qui solebant creari causa 
rerum capitalium quaerendarum. 1 

5. Since the Quaestores were the representatives of the people, we cannot 
doubt that they must have been uniformly elected by the Comitia, as in the case 
already cited ; but the manner in which the Consilium was chosen in the earlier 
ages is quite unknown. 

6. Where the Senate had jurisdiction, they also usually appointed a Quaesitor 
out of their own body; and at times we find a resolution passed in the Comitia 
enjoining the Senate to appoint Commissioners for the investigation of certain 
acts alleged to be criminal. 2 

1 Paul. Diac. s.v. Parrici Quaestores, p. 221. comp. Varro L.L. V. § 81. Lyd. de Mag. I. 26. 

2 See Liv. XXXVIII. 54. XLII. 21. 

U 


290 


IUDICIA PTJBLICA. 


. Insti * uti ®" <Bie QHaestiones Perpetuae —As the population of Rome 
increased, and offences of every description became more and more numerous, 
the plan of appointing a Special Commission to try each cause became more and 
more inconvenient and embarrassing. Hence the idea naturally suggested itself 
ol appointing Standing Commissions for trying those accused of the crimes which 
were of the most frequent occurrence. The first step towards this new arran ce¬ 
ment was made by L. Calpurnius Piso, a Tribune of the Plebs, who, in B.C. 
14J, passed a law (De Repetundis ) to check the oppression of Provincial 
Governors, one of the provisions being that a Commission should be established 
to sit permanently throughout the year for the hearing of all charges preferred 
under that law. The experiment was found to work so well that from time to 
time new laws were passed, by which new Courts or Commissions of a similar 
description were instituted for the investigation of different offences, until at 
ength the system was brought into general operation by a Lex Cornelia of 
bulla. From that time forward until the final establishment of the imperial 
government, the jurisdiction of all other courts in criminal prosecutions was, in a 
mea s ure, superseded, and the whole of the ordinary criminal business was 
conducted by Standing Commissions, and t'hese Commissions or Courts were 
distinguished as the Quaestiones Perpetuae. 

With regard to these, it must be remarked— 

1. That each court or Quaestio took cognizance of one class of offences only 
I hus, there was a Quaestio Perpetua , which was occupied exclusively with cases 

ZTf h hG . 1 mis ^ vernment or oppression of the Provincials, (De Repe- 
tundis ,) another with embezzlement of the public money, (De Peculatu I another 
w, h bribery on the part of the candidates for public offices, (De Zttiu) “other 

forth. ™ at ‘° nS ° f the d, S nlt y of the “Pe™ 1 People, (De Maiestate ,) and so 

2. Although these Courts were permanent, they were viewed exaetlv in the 
same light as the former Special Commissions, and were regarded as exercising 
power directly delegated to them by the people. The supreme jrrrisdiction of 
t le Coimtm Centunata was still fully recognised in principle, and the assemblies 
of the people were still called together for the purpose of holding trials or for the 
appointment of Special Commissions in all extraordinary cases, for which no 
piovision had been made in the laws establishing the Quaestiones Perpetuae 

3. It was no longer necessary that a magistrate should act as the accuser • 

any citizen might now come forward and prefer a charge. ’ 

• 4 * Q uaestio was established by a separate law, and all the proceeding 
in each Court were regulated by the terms of the law under which its sittings 

,z, r “ *™ “ m * ■* 

Court, in that for trying causes De Ambitu , for example, at one particular period 6 
we cannot infer that the same formalities were observed at the same nermrl ^ 

cSes LTlPitu^ m ° e Re P etmdis > or at a period L trying 

tinn' WaS ’ h T e . Ver, 1 one S eneral Principle applicable to all without exoen 
Jurv T\l Tf SU , b ,^ ltt T ed , t0 a Quaestio Perpetua was tried by a Judge and ? a 
Jury - lhe ^ 0f the Jud S e was t0 P^ide and to regulate the proceedings in 

1 Cic. Brut. 27. de Off. II. 21. 


in Verr. III. 84. IV. 25. 


IUDICIA PUBLICA. 


291 


terms of the law under which he acted. The duty of the Jury was, after hearing 
the pleadings and the evidence, to pronounce upon the guilt or innocence of the 
accused. 

7. In addition to this general principle, we have every reason to believe that 
the ordinary course of procedure was similar in the different Courts, and that 
many forms were common to all, although each had its peculiarities; and we 
know that, from time to time, Leges Iudiciariae were passed for the regulation 
of the Courts, and that these were applicable to all. 

8. The general name for the Judge was Quaesitor or Quaestor: the Jury as a 
body was termed Consilium: the individuals who composed the Jury were the 
Indices. It must be carefully remarked by the young scholar that wherever the 
word Indices occurs in the plural in any phrase relating to a criminal trial, it 
must always be rendered into English by the word Jury or Jurors , never by 
Judges. In Civil Suits, as we have seen above, Index denotes an umpire or 
arbiter, that is, in reality, a Jury composed of one individual: in criminal trials 
the presiding Judge or Quaesitor was, in certain cases, named Index Quaes- 
tionis; but this is a special technicality, which will be illustrated below. 

These things being premised, we shall proceed to state what our authorities 
enable us to ascertain with regard—1. To the Judge and Jury, and, 2. To the 
ordinary course of procedure; and we shall conclude with a short account of the 
most important of those crimes which formed the subjects of investigation in the 
criminal courts. 

Presiding Judges in the Quaestiones Perpetuae. —In the earlier Quaes- 
tiones or Special Commissions, the Judge or Quaesitor was nominated by the 
people, in their Comitia, and any one, without restriction, might be appointed 
at their pleasure. After the institution of the Quaestiones Perpetuae , the case 
was altered. The presiding Judge was now either— 

1. One of the Praetores, or, 2. An officer denominated ludex Quaestionis. 

1. At the period when the first Quaestio Perpetua was instituted by the 
passing of the Lex Calpurnia de Repetundis , there were six Praetors. The 
Praetor Urbanus and the Praetor Peregrinus remained in the city during their 
year of office and presided in the Civil Courts, the remaining four acted as the 
Provincial Governors of Sicily, Sardinia, and the two Spains. Upon the passing 
of the Lex Calpurnia , the duty of presiding ill the Court for trying cases De 
Repetundis w r as assigned to the Praetor Peregrinus ; 1 but as legal business, 
both civil and criminal, rapidly increased, and new Quaestiones Perpetuae were 
established, the Praetor Urbanus and the Praetor Peregrinus were obliged to 
give the whole of their attention to Civil Suits, while the four remaining Praetors 
were retained in the city during their year of office, in order that they might act 
as Judges in the new Criminal Courts, and did not proceed to their Provinces until 
their year of service in the city had expired. When the Criminal Code was 
remodelled by Sulla, and the number of Quaestiones Perpetuae increased, it was 
found necessary to increase the number of Praetors also, which was now aug¬ 
mented to eight, so that six were left free to act as Criminal Judges, and these 
divided the duties of the different Courts among each other by lot, and, when 
spoken of in their judicial capacity, were usually named Quaesitor es. 2 

2. But towards the close of the republic, the increase in criminal business was 
so great, that even this additional number of Praetors proved insufficient for the 

1 See Klenze, Fragmt. leg. Servil. p. 27. 

2 Cie. in Verr. Act. I. 8. pro Sest. 40. in Pison. 15. pro Milan. 15. Orat. post. red. 9. Dion 
Cass. XLII. 51. Varro L.L. V. § 81. 


292 


IUDICIA PUBLICA. 


was called a /SqkSSL* 0 aPP ° mt sup I llementa T Judges, each of whom 

but our authorities amble us to * “ tre ” ely defic;e "‘i 

Judge in the court in which he sit mH 9 uaes , tw . ms was the supreme 

authority of an ordinary Praetor. This is nrovedh 6 Sf 6 bemg ’ e W ed the foil 

trial of Oppianicus, and of the trial nfn,Lf ° ^ the accounts preserved of the 
C. Junius, and in the latter a O' vLZTT ’ m the Pormer of which a certain 
^ e know, moreover, that a Index OvnevT &Cted as Iu( ^ ex Quaestionis. 

magistrate, for he IZ Tl ^^ an 0rdina ^ 

in the course of which he served’ ami wf i 1 hefoie the close of the year 
obliged to take an oath like an oldinl i ab ° ut t0 P reside at a trial, he was 
was exempted. 1 But whether each PrZl,™? 3 "’® , form fmm which a Praetor 
him during his year of office to whom j,* / u ^ ex Quaestionis attached to 
business which he himself w unable Jo n™J t ep y ’ h ? might make over th « 
Horns had a particular dep^t set Idl ffiJ h- 7 eth ? r a Iude * Q*«*- 
gether independent of any particular Prieto,-• lm , lrl , tlie cnminal courts alto- 
was nominated specially for a particular trill • ’wT T let ! cr a ^ udex Quaestionis 
mg to any of the above suppositionswaJ t Sth , er the a PPointment, accord- 

themselves, and what the qralifijations b { tl,e P eo P le or b 7 ‘he Praetors 
questions to which no satisfactory reph can be^ff “d for T hold ! ng the offi oe, are 
point, two individuals are mentioned L i,,,,-,? ? . In reference to the last 

are stated to have been previously Acdilcs 'amf e"Ji ' a” 8 '1®“’ both of whom 

preading'judge Z one”? th" ’ ZalZnT T ^'"“-The duty of the 
superintendent, who was bound to see Jhat the^-X- 7", m , erely t,lat of a 
the trial took p] ace were strictly SmnlM llS TT f the law under which 
influence upon the final result If the 1 iJid ii J - 7° exerc!sed 110 direct 
advantage of technical formalities to aid ,!j, \ H m,ght unquestionably take 
and this will account for the exhortations f ”^ arras f. °" e or otI >er of the parties; 
t le Judge m the orations of Cicero • or if lw .,r pa ! tUl lt - v s0 often addressed to 
own peril, make a false declaration ohhe sC of l 7 T“ pt -’ he might - a t his 
he was not able, in the fair exerriV nf i f the votes S lven by ballot: but 
which rested entirely with the Indices * HewZZ’ t0 mfluence the decision, 
who acted as Indices was necessarflv f ? P °T r possessed b 7 those 
pai ty purposes. Some of the most serious T® 8 often abused f or 

century of the republic werp cln^ixV ous * nternal dissensions during the last 
orders in the state for the privilew C ° nt< f S between diff erent 

relating to this poinfwe rTJZ^l 

Gracehi^te— Fl '° m the earfe ‘ 
™ria of c. Gracchus was^passed ffi ‘ ” fS IVl L \* S ™donia Iu2 

f ofac%asdW5 

XLVII. P viH. < f! Uent - 33 ~ 35 ‘ 53 ’ 54 ’ in Verr. Act. I. 10, an d note of Pseud A 

C,c. Brut. 76 . pro eluent. 2a pro Eoso ^ • Ascon. Digest 


IUDICIA PUBLIC A. 


m 


to the Equestrian Order, which, in fact, first received a definite form in conse¬ 
quence of this ordinance. 1 

After the death of C Gracchus, the Senate made strenuous efforts to recover 
the privilege of which they had been deprived; and various laws were brought 
forward by the representatives of different parties, whose object was to reverse 

Br10^6^ of P 0 OV r n r 0f ^ he Le \ S * m Pronia. kch were the 
rZnri^S o c° 6 ' ?* S r ervillus Caepio, by which the Indicia were to be 

lestored to the Senate ; the Lex Servilia of C. Servilius Glaucia, by which the 

of the Lex Semproma against Senators were rendered more stringent; 
the Lex Luia (B.C. 91) of M. Livius Drusus, which endeavoured to bring about 

Plartfarn'c PQWM Sen< \ te , and the E( * uestl ’ ian Order; and the Lex 
P^Mtia (B.C. 89) of M Plautms Silvanus, which proposed that the people should, 

each year, nominate fifteen Indices out of each tribe, without reference to the 

tact of their being Senators, members of the Equestrian Order, or simple citizens. 2 

fnroin iT’ - f ! they , ev f r actuall y came into operation, remained in force 
hi a very bnef period, and the Indicia remained in the hands of the Equestrian 
Older for forty-two years, until Sulla, following out his deliberate scheme of 
increasing by all means the influence.of the Optimates , restored, in B.C. 81, the 
state of things which existed before the passing of the Lex Sempronia , giving 
back the Indicia to the Senate. 3 * ’ 6 5 

The reaction which immediately followed the death of the Dictator, rendered 
a continuance of this exclusive privilege impossible; and accordingly in B.C. 70, 
the Lex Aurelia of L. Aurelius Cotta, one of the Praetors of that year, was 
passed, ordaining that the Indices were to be selected from three bodies or 
orders in the state—the Senatus, the Or do Equester , and the Tribuni Aerarii , 
(p. ddj,) each order forming a Decurial 

p the LexPompeia, passed by Pompeius Magnus in his second consulship, 
.K.C. oo, the Indices continued to be chosen from the three orders named in the 
Lex Aurelia , but the most wealthy only were eligible; and by the Lex lulia 
of Caesar, passed B.C. 46, the Tribuni Aerarii were excluded. Antonius, after 
the death of Caesar, endeavoured to render the constitution of the body more 
democratic than ever, by the admission of legionary soldiers; but his enactments 
remained in force for a very limited space. Finally, Augustus restored the three 
Decunae of the Aurehan law, and added a fourth from the humbler classes of 
the community, while a fifth Decuria was introduced by Caligula; but before 
that period, the importance of the office had passed away. 5 

Qualification as to Age. —So long as the ludicia remained in the hands of 
the Senate, no regulations were necessary upon this head; but when other orders 
were admitted, certain restrictions were introduced. By the Lex Servilia no 
one could act as a Iudex under the age of thirty, or above the ao-e of sixty- 
and this regulation seems to have continued in force until Augustus reduced the 
legal age to twenty-five. 6 

. Disqualifications for the Office.—So one could act as a Ludex who was 
invested with any of the higher offices of the State, or who did not live in Rome 

1 Velleius II. 6. 13. 32. Tacit. Ann. XII. 60. See above, p 74 

FraSfierSrwf.Vy Eplt ^ LXXL Velleius IL 13 ‘ Cfa. pro Scauro ,. 2. 

3 Cic. in Verr. Act. I. 13. Velleius IL 32. Tacit. Ann. XI. 22. 

z y ia pro . c ° rn - in Pison. 39, and note of Ascon. ad Att. I. 16, ad Q F II 6 

o Ascon. m Cic. in Pison. 39. Cic. Philipp.1.8. V. 5, XIII 2 3 ad Fam XT 1 u 
Cass. XLVI. 3G: Sueton. Octav. 32. Calig. 16. Plin. H N XXXIII 12 ^ 0 ° 

« Frag in t. leg. Servil. 6. Suet. Octav. 32- but the text is doubtful ’ 


294 


IUDICIA PUBLICA. 


llrl 1 vicinity; nor any one who had ever been found guilty of any 

ohaige affecting his Status as a CivisRomanus optimo iure} 7 

Number of Iudices. — On the first institution of the Quaestiones Pervetuae 
acT U JL?r r o th t at f a rSi number 0fIudices appointed each /ear 

by the 'r nnte -Hchthe trial ™ n hTd- 

o - 7 • * fiom the fragments which have been nreservpfl of thp Tw 

Serviha de Sepetundis, we know that 450 Indices we“ nomtaafed veariv to 

among 1 " the dStX" nnsMe t^er SSTS 
™ 600 ; by the Plantia 525 (being 15 ont of eatiuribef) nnles^ we s ‘uT 
P , wi some wnters, that this number was chosen for each Quaestio Wp 

aCuoToitZ^ Aagn^whefth?^ "a 

aoout 4UUU On the occasion of Milo’s trial, 360 Indices were set amrf nnrl if 

^ ^W ftvte h* ‘nT”” °/i P °"?P ei f t0 appropriate thu number for 

duced by him remained in fi D f Wn that 4 f chan » es 111 th e criminal law intro- 
ii/r y un remained m force for a very short time only. 2 

aiu?nS“y ou°{f the3 ^/ U , dices -~ In what “anner the Indices were chosen 
y out of the qualified classes, is a matter involved in mneh nhwnntv 

: 7 ^ a Zzz set a r for .f ? & 

thoiiP-ht fit • f t h f - presided over th at Quaestio , chose whom he 

selected: upon Tath f „ i ,« A f ed T” 1 ’ e Praetor who 

tssr & 

‘ hat b ' V toZexAnao, the 
forming a Decurin Tfina ti a , r ^ ee sec ^ 10ns or Decuriae , each order 

of members of the' Equcstrian'ordcr' ec ' lrm Senators, a Decuria composed 
the law of A™ ustus lo n „ri,ed fh ’ a a of Triiuni Aera ™- By 

to four, and by that’ Cal,V ,t to fi ’ ‘i® m , ,mber of Dem ™e was increased 

0ED “ ARr roRM 0F rR0CESS w criminal trials b C r lto the epoch op 

m, . THE quaestiokes pebpetuae. CH0F 

cular QuaeTtio, orto^tci^ without reference to the parti- 

been as follows :- P bj whlch the ^ were ^gulated, seem to have 


l *>&*“*. leg. Servil. 6. 7 

p£f?KJ; 

* racfiSVew. Ls 7 . L il 32 . pro Clu°S“j nt - 43 ' DIon Cass - XXXIX. 7 


Cic. in Verr. Act. I. 10 

Appian. B. C. I. 35. PIi„. B. N. XXXIII. I. Velleius II. 7a 


IUDICIA PUBLICA. 


295 


Postulated —An application on the part of the impeacher to the Praetor, or 
Iudex Quciestionis , who presided over the court to which the charge belonged, for 
leave to prefer an accusation. This, although in most cases a mere formality, 
was a necessary preliminary, because it might happen that the applicant was 
disqualified by law from acting as an impeacher of any one, or from acting as 
the impeacher of the particular individual whom he desired to prosecute ; or he 
might have been forestalled, which leads us to consider, 

Divinatio. —Two or more persons might make application at the same time 
for leave to prefer the same charge against the same individual. It thus became 
necessary to decide which of the applicants had the best claim to conduct the 
prosecution, and this question was decided formally by a consilium of indices, 
(who were, however, not upon oath— iniurati ,) after the different applicants 
had been fully heard in support of their pretensions. This preliminary process 
was termed Divinatio; and Cicero affords an example, who contended with a 
certain Q. Caecilius for permission to bring a criminal charge against C. Verres, 
and delivered a speech, still extant, entitled Divinatio in Q. Caecilium. 

Nominis s. Criminis Delatio. s —These preliminaries having been adjusted, 
the accuser made a formal declaration of the name of the person whom he 
intended to impeach, and of the crime which he laid to his charge, and in so 
doing was said— Deferre Nomen—Deferre Crimen —and hence, under the 
empire, Delatores was the term used to denote that class of persons who made 
a trade of impeaching. 

Citatio. 1 2 * 4 * —At this stage, it would appear that the accused was formally 
summoned ( citatus ) to appear befor the Praetor or Iudex Quaestionis , and hear 
in person the charge preferred. 

Interrogate. 6 7 —The accuser then put certain questions to the accused, which he 
was, of course, at liberty to answer or not as he thought fit. The object of these 
questions was to ascertain how much the accused was willing to admit, in order 
that the question submitted to the Jury might assume a definite form and be 
compressed within narrow limits. 

Inscriptio. Subscriptio. 6 —A formal document was next drawn up stating 
precisely the nature of the charge and the name of the accused. This was signed 
by the accuser and also by those who intended to give him their support and 
countenance in conducting the prosecution, and who were hence termed Sub- 
scriptores. The accused then became technically Ileus , and as such was 
legally disqualified from becoming candidate for any public office. 

Nominis Receptio. 7 —The presiding Judge then formally registered the name 
of the accused, and in so doing was said Nomen Recipere. 

Finally, a day was fixed for proceeding with the trial. This, under ordinary 
circumstances, was the tenth after the Nominis Receptio; but the interval was 
sometimes regulated by the special law under which the Quaestio was held, and 
sometimes a lengthened space was granted in those instances where it was 
necessary to procure evidence from a distance, as in the accusation of Yerres, 


1 Cic. Div in. Q,. C. 20. Epp. ad Fam. VIII. 6. 

2 Cic. ad Q. F. III. 2. Pseud. Ascon. Argumt. in Cic. Div. in Q. C. Quintil. I. O. III. x. 3. 
VII. iv. 33. Aul. Gell. II. 4. 

a Cic. Div. in Q. C. 3. 15. J9. 20. pro Cluent. 4. 8. 17. Epp. ad Fam. VIII. 6. 

4 Cic. in Verr. II. 28. 

5Pseud. Ascon. in Cic. in Verr. Act. I. 2. Schol. Bob. p. 342. ed. Orell. Sallust. Cat. 18. 
31. Velleius II. 13. 

r> Cic. pro Cluent. 31. 47. Ascon. in Milonian. 35. Orat. pro dom. 20. 

7 Cic. in Verr. II. 38. IV. 19. Kpp* ad Fam. VIII. 8. Val. Max. III. vii. 9. 


296 


IUDICIA PUBLICA. 


himself of ^permission to dayS ’ althou S h he he dkI110t a ™il 

names* of^S whf we"^ Us Sea ‘ U P°" the trib ™ a '> the 

Quaestio were called over and at tho It ^ Serve upon thls particular 

summoned to appear bv the Crier of theTfW ^ accuser and defendant were 
torio .) 2 7 0t the Court C aebantur a Praecone prae - 

P0S T ed t ," e P— of enforcing the 

punishment on such as could not nil'imf" ' Y' r Cl ' Ca ed U P 0n ’ and of inflicting 

(Cic. Philipp, y. 50 fortheir * bse ™ 

dismissed from the bar it bpino- ] -ft i ppear ’ tbe defendant was at once 
new process. If the accld dM not J 611 ’ b °T?’ t0 ^ ow t0 institute a 
for his absence, then, towards evening Tw ^ lf n ° ° n , e a PP eared to account 
was passed upon him in terms of thfbiw a P ro »? un ced guilty, and sentence 
the parties were in attendance the W L ^ wb< ? * he . Court sat ‘ 3 * all 
Iudicum Sortitio. 4 —The names of all those*VT* ba ? tm 2 for the Jury, 
were thrown into the ballotino- U rn , J u ^ tces who were liable to serve 

connected by blood, marriao- e & or anv otl ”7 bem ? exclllded who were closely 
The presiding Judge SendrewTut ofX fi^’ Wltb either of the P arties * 

constitute the Jury. This number denenderl Tr V nUmbe ^ ° f names P ro P er to 
particular law under which the trial took nW tu , e 7 u Pon the provisions of the 
of 32, 50, 70, 75, and oth^numbers! > ^ plaCe ’ and we Singly find examples 

civil and criminal^the person oi^pereons 111 h °'^ that iu aI1 causes, both 
appointed with the full consent of the conto )r deCK ed a controversy should be 
To have carried out this principle to (Ci °: pr ° CIaent ' **•) 

na ve, manifestly, been impracticable • bm nft GX ^ nt in . cnmm al causes would 
had been chosen by ballot both narthJ* * ftei 11 the requisite number of Jurors 
certain number, il they Wotht fit 7° f t0 challen g e (reiicere) a 
challenging should state his reasons ‘tlie^iVhf ™™ ssai J that the party 
the judge of the expediency of exercising it & ab ^ Iute ’ a ' nd lie alone was 
party was allowed to challenge appe-rs^lik* J , ber of Jurors which each 
been fixed by the laws legiSSSS'iw?^ 0 namber the Jury, to have 
little general information. 6 & U °' and 011 tbls P oint we have but 

‘ he Consilium, caused by the 
This operation was termed Subsortitw 7 ’ ™ 10 CICW flGsb names from the urn. 

^ ^ by b ? ,lo ‘- was the 
” ated (edebat) one hnndred J " ro -- a » d 


9 ASM "- ^ ^C,c. Corue,,a„. P seu4 Amok. Argunit 
cic'in V'\ ««• BJX*7. Argumt ln Cl0 ' C»™elian. Cic. in Verr 

dv°t"' 35 ' >'• * 

« cic: de°o«,'n: ?o.'i P n vS?°ii 2 3| !,d n < fS ,0 

‘ a, Verr. I , 9 . e,. pro L t . , 


Caes. B. G. 


IUDICIA PUBLICA. 


297 


by his opponent, so that the Consilium, when thus reduced, consisted of one 
hundred; but this procedure was abrogated by subsequent laws De Repetundis 
and the ordinary methods of 'Sortitio and Subsortitio substituted. 1 Again, by 
the Lex Licinia de Sodalitiis, the accuser named four Tribes, the accused had 
the right of challenging or rejecting one of these Tribes; and then the accuser 
selected the Jury out ot the remaining three Tribes, without, it would seem, any 
raither right of challenge being granted to the accused. 2 Jurors appointed in 
this, or m a similar manner, were called Indices Editicii , as distinguished from 
those named by Sortitio. 

The Jury, being finally adjusted, were then sworn, and hence they are frequentlv 
designated simply by the epithet Iurati. A Index Quaestionis was, in like 
manner, sworn; but a Praetor was not, his general oath of office being con¬ 
sidered sufficient; and this circumstance alone seems to prove that the Iudex 
Quaestionis was not regarded in the light of an ordinary magistrate. 

The pleadings then commenced. The prosecutor or his counsel (of whom 
moie hereafter) opened the case, the defender replied in person or by his counsel, 
and then the evidence was led. 

Tesiimoma.— The evidence might be of different kinds, Oral, {Testes,) Docu¬ 
mentary, {Tabulae,) and mixed, that is, consisting of declarations by corporate 
bodies, {Testimonia publica,) supported by the verbal testimony of deputies 
{Legati) sent for the purpose. 

lestes.——\\ itnesses might be either free men or slaves ’ and, if free men, they 
might be either Roman citizens or Peregrini. 

All free men alike were examined upon oath— iurati —but much less 
importance attached to the evidence of foreigners than of citizens, and Greek 
witnesses especially were regarded with peculiar suspicion. Witnesses might give 
evidence of their own free will {voluntarii) or upon compulsion; but the right 
of compelling a person to appear as a witness {Denuntiare—Testibus denuntiare 
— Testimonium denuntiare) was possessed by the accuser alone. It was 
customary for the accused to call witnesses to speak, not only to facts, but to 
character, and such were termed Laudatores, the number usually brought 
forward for this purpose being ten. 3 

With regard to the position of slaves as witnesses, several points deserve 
particular notice— 

1. It was a principle in Roman Law that no declaration on the part of a slave 
could be received in evidence unless emitted under torture. Hence the word 
Quaestio, when employed in reference to the examination of slaves, always 
implies the application of torture. 4 

2. In the great majority of cases in which we read of the judicial examination 
of slaves, in the earlier period of Roman history, the persons charged with the 
crimes were the masters of the slaves, the slaves themselves being implicated as 
accomplices, and the chief object was to force from the slave a confession of his 
own guilt; and no slaves were examined except those belonging to the accused 
party. 

3. In no case could a slave, when not charged with participation in the crimes, 
be admitted as an ordinary witness against his own master. It was only when 

1 Klenze, Fragmt. leg. Servil. 8. 12. 

2 Cic. pro Plane. 15—17, and the Prolegomena of Wunder to that speech. 

3 Cic in Verr. I. 19. II. 4. 5. 26. 27. V. 22. pro Rose. Amerin. 38. pro Flacc. 6. 17. pro 
Fontei. 10. Ascon. in Cic. pro Scaur. Quintil. I. O. V. vii. 9. Plin. Epp. VI. 5. 

4 Liv. XXVI. 27. XXVII. 3. Cic. Partit. Orat. 34. pro Suit. 28. Rhet. ad Herenn. II. 7. 


298 


IUDICTA PUBLICA. 


ready to bear testimony in his favour that he could be heard in court, and torture 
was applied m this case upon the principle that an extraordinary sanction was 
necessary to give value to evidence which, it was presumed, must have been 
delivered under a strong bias. 1 

. \ T h e two last rules were modified in later times, in so far as crimes which 
involved the safety of the state were concerned, or those which related to some 
daring act of sacrilege. In both these cases the evidence of a slave against 
his master was admitted. Moreover, towards the close of the republic, the 
slaves not only of the accused, but also of third parties were sometimes examined 
under torture, the permission of their masters having been previously obtained. 2 

o. in the earlier ages the torture was applied in public —medio foro —but 
diumg the period of the Quaestiones Perpetuae , it seems, as far as our authorities 
extend, to have been customary to apply the torture out of court, under the 

upeimtendence of the Judge, and consequently the depositions must have been 
taken down in writing . 3 

W - itte Ln V j de ? < i e consisted of P r i vat e account books, (Tabulae 
accepti et expensi p. 270,) of letters, (Epistolae,) and of memoranda (Libelli) 

f t Ve 7 description. The accuser had a right to call for all documents of this 
i A ’ an , ? . com P cd their production. When received, they were regularly 
“? (fwvtae) m the presence of witnesses, (, obsignatores ,) delivered 
?w t0 l . he . Jlld 8’ e ’ and °P enecl by bim in the presence of the Court. Besides 
these private papers, the accounts of the Collectors of the Revenue (Tabulae 
Pubhcanorum) were sometimes brought forward, but in this case it was not 
necessary to present the originals, an authenticated copy being admitted. 4 

wiijrirr evidence . consi sted in the depositions of those 

w . °’ 10 . m a health, age, distance, or any satisfactory cause, were 

m pe ^ on ’ ^ were therefore allowed t0 have their deposi ~ 
helnt i!rt ^ r (.Testimoma per tabellam dare ,) these depositions 

be n to authenticated by the signature of commissioners ( signatores ) in whose 
presence they were made. 5 v ^ J 

Lastly, under this head we must reckon the Testimonia Publica, which, when 
n favoui of the accused, were termed Laudationes , that is, public declarations 
regarding particular facts, or upon the general merits of the case, emanating 
aom public meetings held in the provincial towns, or from the magistrates or 
from some recognised corporation. These, which were employ^very e^ten- 
snely m cases Be Repetundis , were always conveyed to Rome by an embassy 

Eg the trial' ITT’ and thG T mb f rS ° f thG de P uta ri° n attended in court, 
mese?ted h and nf • * ^T 086 , of authenticating the documents which they 
party ’ 1 f *™ g SUC1 0ral ex P Ianatl0ns as might be required by either 

. Th ® eridence being concluded, the Jury were called upon by the Judire to 

thi8 ;. WaS said mittere iudic * s in consilium, 
wmie the Jurors veie said ire m consilium. Originally, they voted onenlv • but 

after the passing of the Lex Cassia , (B.C. 137, p. 108,) by ballot (ver tabellam \ 
d t had the right of choosing whether the Jury should vote openly or 

| - -.. 

i Cic. in Verr. I. 19 23 . 38. II. 74 76 77 III 66° Tv' £ S Ml, “ 1!an - „ 

‘ “Wog. de C. C. E. 36. Quintil. I. O. v’vt f. 2 . 2 I 32 . P '° 1 '*“• * 


IUDICIA PUBLIC A. 


299 


secretly; but it is uncertain whether this regulation was general, or applicable 
to a particular class of trials only . 1 2 Each Juror received a small tablet covered 
with wax; upon this he wrote his verdict, and threw it into the ballot-box 
(sitella.) The verdict might be expressed in three ways, (except in cases De 
Repetundis , to be noticed below,) 

1. By the letter A, which denoted Absolvo —Not Guilty. 

2--C,--—— Condemno —Guilty. 

7 - letters N. L,- Non Liquet —No Verdict. 

the last indicating, that, from the uncertain or contradictory nature of the evi¬ 
dence, the Juror could not make up his mind either to acquit or to condemn. 
The result was decided by the majority of votes, and announced by the Judge. 
If the majority gave the verdict Guilty, it was proclaimed by the words Fecisse 
Videtur; if Not Guilty, by Non Fecisse Videtur • but if the majority voted 
N. L., then the Judge said Amplius? In the case of an equality of votes, the 
result most favourable to the defendant was held to be the verdict. 

Ampliatio. —The announcement Amplius denoted that a more full investiga¬ 
tion into the merits of the case was requisite, and accordingly the Judge fixed a 
day for a second hearing. When this arrived, the same formalities were 
observed as on the first hearing; the pleadings were renewed, the evidence already 
tendered was probably read over, and new evidence brought forward; but not¬ 
withstanding, the result might be the same as before, and a majority might still 
vote N. L. In this case, a fresh Ampliatio took place; a day was fixed for 
a third time, and the same process was repeated again and again,—in one cause 
upon record, seven times, 3 —until the Jury could give a positive verdict. It 
would appear that—we know not from what cause—the verdict N. L. fell gra¬ 
dually into desuetude , 4 at least we can find no example of an Ampliatio in the 
time of Cicero. 

Comperendinatio. —We remarked above that the verdict might appear in 
three forms, except in cases De Repetundis. After the passing of the Lex Ser - 
vilia, (about B.C. 104,) the process in trials of this nature was altogether pecu¬ 
liar, for at that period Comperendinatio was introduced. By the arrangement 
so designated, all trials De Repetundis were divided into two distinct parts, 
termed respectively Actio Prima and Actio Secunda. In the Actio Prima, the 
accuser gave an outline of the case, more or less complete, according to circum¬ 
stances and the judgment of the pleader; the defender then replied; and the 
witnesses upon both sides were examined. The Jury did not now, however, 
proceed at once to give their verdict, but the proceedings were suspended until the 
next day but one, ( tertio die — perendie, and hence the word Comperendinatio,') 
when a second hearing, the Actio Secunda, took place. The accuser and the 
accused had now an opportunity of commenting upon the evidence already ten¬ 
dered, and of bringing forward additional testimony. When this second hearing 
was concluded, the Jury was called upon to give a verdict of condemnation or 
acquittal, no option being left to them of saying Non Liquet. 

We have an excellent example of a trial of this description in the prosecution 
against Yerres, which presents us with the preliminary Divinatio, the Actio 
Prima, and the Actio Secunda , on the part of the impeacher, although the 
Actio Prima was unusually short, in consequence of the peculiar policy which 

1 Cic. pro Cluent. 20. 27. 

2 Cic. pro Caecin. 10. Pseud. Ascon. in Verr. I. 9. 29. 

3 Cic. Brut. 22. Val. Max. VIII. i. 11. 

4 Cic. pro Cluent. 28. 






300 


IUDICIA PUBLICA. 


Secunda were never actuafly delivered the^efe Z^f 168 - whil * fonn th « Acti “ 
despair. The speeches Pro Fonteio Pro glven Up llis case in 

were all delivered in an ActiTsZlZl ^Zl ” d ‘ he Pro Scauro, 

It is generally stated in works on Pn’nfaV a 1 ? m . «' om mt f na > evidence. 
Pseudo-Asconius, that the Actio Secunda wtofar**' T ‘I authont P of ‘he 
peculiarity; that while in the Actio Prima tL 1 f“?£ ulshed b / a remarkable 

the accuser, who was followed by the defendant thl^T Wer ® commenced b 7 
Actio Secunda , the defender bein, r-diipU d *1 1 , rt er was reversed in the 
concluded by the accuser But this sist llp ° a • 0 s P eak Urst, and the pleadings 
but is directly at varW with everfl P ^ - S n °? 0nl ^ Te ^nt to reason, 
point out that the order of the Dleadt^nT^ 10 Ckero ’ which a11 dearty 
as in the Actio Prima. 1 m t ie ^ ctl ° Secunda was the same 

R^nZZiTc °pdXtu ’when Ilia ° f * f '“‘a “ C ' aSS ’ such 38 tIlose De 

as a part of his punishment ’ to maL Znr f ° U “? ^ he was compelled, 
appropriated, and someS’ account to T ™ Wha ,‘ , he had 
he was tried, of double trehlp ® i° t f P 10visi0ns of the law under which 
duty of the after thev had tfl ‘ am0ra,t - U was P" 4 «f the 

sum to be paid. This part o/the processVas^X'r^ 1 ^-* 0 determine the 

an obscure passage in Cicero ("Pro 1 Cl.,* ii \ r L tl \ A f stmatt0 - There is 

considerable latitude was allowed to the Jallh* ' te may infer that 

might not only remit a Dortion of tl,„ , . , m 4,118 matter, and that they 

Sth Z f0r the PoAaTc^m^' but might eveu sub - 

"icpire o.- u„ lfl irls wei“rc!muvd'riirih!" 7Cd “ C ‘r‘ 1 Suits a,so "hen the 
due to one who had sustained damage 8 “ ° f P ecnniai y compensation 

frequently"aSdVubfcte of“T ° ffenCeS which mos ‘ 
m the Quaestiones Perpetuae. & cmninal courts, and especially 

. ^ e . rd «eIlio— Perduellis , derived from duellum i n h*n 

ing signifies a public enemy , and hence Pe dZ i n ^ P 7 r0 P er1 ^ s P eak ' 

phraseology to denote the crime of hostility to and* r em P Io ^ ed legal 

crini, dr ereac'W-Kokj"Sving V'i£'Os’l”” 3 t “V 

by 9 Qv r f V s - is CaIlcd by Livy a 26 Whill v\ "7 der colllm itted 

p. 297,) designates it as ParricAdium ^ ' l e bestus ( s - v. sororium , 

monarch^ wouM^onstitift^LCrdwel/e^^^nder^tl 3 * ^ “*« 

restore the exiled Tarquins, or to assume re,al JL ^ attem Pt to 

regarded in the same light; also any attempt ™er y (regni affectatio,) was 
established form of government, and, in , e neraf anv wTv? violence » the 
of a citizen towards the welfare of Rome & whether^ f °{ L° Stlllt ^ 0n the P art 

Ac, n j 38 18 . 

8 AU1. Cell. IV. 4. Cicipro TulhV? Taclt - A ""-Le s Se?rtl derepet l|l^ ,ft »• 


IUDICIA PUBLICA. 


301 


of external foes ( prodiho .) In like manner, any open invasion of the more sacred 
rights of the Plebs, such as assaulting one of their Tribunes, was construed as 

leason , or if a magistrate, taking advantage of his official station, put to death 
a Roman citizen not legally convicted ; (caedes civis indemnati ;) and from this 
point of view, some explain why the deed of Horatius was termed indifferently 

wftWhV l r? d Po .l ricl ? m ™; Hence > too, it is a prosecution for Perduellio 
i C ! cero thr f teas Verres > ( In Verr. Act. II. i. 5,) should he be acquitted 

ilfe^n th !M haige8 ’ f0r - s said t0 have P ufc Roman citizens to death 
illegally while governor of Sicily. 

No Quaestio Perpetua was ever instituted for the trial of charges of Per - 
duedio, which were, comparatively speaking, of rare occurrence; and towards 

on rS ° f - e J epub l . C ’ T a - ny °£ ences which might have been considered, at 
\) , 1C1 period ?. a ® inv olving Perduellio , were classed under the head of 

JUaiestas or of Vis, for which separate Courts were established. 

Hence all trials for Perduellio took place either before the Comitia, or before 
Special Commissioners. 

Of trials for Perduellio before the Comitia, we have an example in the case 
ot Spurius Cassius \ iscelhnus, who was charged, in B.C. 485, with having aimed 
at Jungly power— propter consilia inita de regno—propter suspicionem reqni 
appetendi. lie was put to death, and his house was razed to the ground 1 In 
like manner, M. Manlius Capitolinus, who had saved his countiy during the 
Gaulish invasion, was impeached before the Comitia— propter suspicionem 
regm appetendi —and found guilty. He was hurled from the Tarpeian rock 
ms house was razed, and his property was confiscated. 2 In B.C. 249, P. Clodius 
1 ulclier was tried for having engaged Adherbal off Drepanum in despite of 
unfavourable auspices, whereby a large portion of the Homan fleet was destroyed. 

1 he assembly of the people was broken off by a storm, and Clodius thus escaped* 
In later times, he would have been tried for Maiestas, not for Perduellio . 3 
Lastly, m B.C. 107, C. Popilius Laenas was impeached of Perduellio , for bavin"- 
displayed carelessness and cowardice while acting as Legatus to the consul C? 
Cassius, and for having concluded a very unfavourable treaty with the Tigurini. 
He was convicted and banished . 4 This was the first instance in which the people 
had voted by ballot in a trial for Perduellio . See p. 108. 

The fiist tiial upon record for Perduellio , that of Horatius for the murder of 
his sister, is said to have taken place before two Special Commissioners, nomi¬ 
nated by the king, an appeal from their sentence being permitted. The last trial 
on record for Perduellio under the republic, that of C. Rabirius, in B.C. 63, for 
the murder, 37 years previously, of L. Appuleius Saturninus, Tribune of’ the 
Plebs, took place, in like manner, before two Special Commissioners, C. Julius 
Caesar and L. Caesar, who were nominated by the Praetor, and not by the people. 
Rabirius, having been found guilty by the Commissioners, appealed to the 
Comitia Centuriata, whose deliberations were abruptly broken off by a bold 
expedient on the part of the Praetor, Q. Metellus Celer, who pulled down the 
banner hoisted on the Ianiculum, and thus, in accordance with ancient usage, 
broke up the assembly. See p. 122 . The speech delivered by Cicero on behalf 
of Rabirius is still extant. 


1 Liv. II. 41. IV. 15. Dionys. VIII. 77. Cic. Philipp. II. 44. Val. Max VI Hi l 

T n L, TT V /i 2 S' v r ir t £ amaL 36 ‘ 1)1011 CaSS ' XLVl 32 ‘ fra S nit - Peiresc. 31. ' Cic. Philipp. 

3 Liv.Epit. XIX. Polyb. I. 51. Val. Max. VIII. i. 4. 

4 Cic. de legg. III. 16. de R. I. 3. Rhet. ad Herenn. I. 15. IV. 24. 


302 


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Blaiesin,.— Maiestas, as a legal term, was employed to express, briefly. 
Crimen MarnWis minutae, and signified, in its widest acceptation, any pro¬ 
cedure on the part of a Roman citizen, by which the power or dignity of the 
Koman people was impaired or degraded. Maiestatem minueke est, de din- 
mtate aut amphtudme aut potestate populi aut eorum quibuspopuluspotestatem 
dedit aliquid derogate (C.c. de Inv. II. 17.) Offences of this description during 
°, f ‘ he ^“Sg- and during the greater portion of the republican period, 
w r me uded under Per^o and made the subject of special investigation, 
inn designating a crime by the term Maiestas was passed until about B.C. 
^ e°?8e?"enfly no Quaestio Perpetua for the trial of such a crime could 

Zn l^“wer e e 6 The *** “ 

nus;Mu„tr^he P bs S . Sed “ ^ 102 ” ^ 10 °’ ^ L ' A PP"^ “ 

. F nc l er this law, Q- Servilius Caepio was impeached (B.C. 100 s ) for havimr 

P - 6Vent ; he P eo P^® from giving LirvoZn the^ Lei 
. ume . ntana of Saturmnus Impeturn fecit , pontes disturbat, cistas deiicit 

Hevlm^y 81 quo secms f eratur lex i arcessitub Maiestatis (Bhet. ad 

th f i kw alsc ! a ™ th(y ; Servilius Caepio was condemned, B.C. 95, on 
Cimbri of t°ll r mg ’ 7 S mi j C01 1 l( ? uct ’ while ^consul, caused the defeat, by the 
wenHrtn army Und< ^ V- COmmand ( de amissione exercitus .) Caepio 

veir to Smyrna, and his property was confiscated. The folio win o- 

} ear, his accuser, C. Norbanus, was himself impeached De Maiestate for having 

Cuol vf- T;T ed tW ° ° f - llis collca 8' ues from interposing their Veto in favour of 
Caepio; but by the exertions of his counsel, M. Antonins, he was acquitted 

2. Lex I ancip passed B.C. 92 by Q. Varius Hybrida, Tribune of the Plebs 
Its object was to declare those guilty of Maiestas who instigated or aided the 

SocTad 0 arlna trZaclTess^ “ againSt dole male 

o f L|rStc s rrs a ° n n d th 0 e f s: 

de C Zt ) b Ht T “f 8 ^ h!s $ r7fl:lf p 'rf_ 

narratiVe’of vlrius mS’ “ d *’"“*“* “““ !s WeI1 k ”°™ «» 

tarn*amI^c^prehmisive S tlian B eithm' d of ) riie U precedino B ^defiri r, (r VaS J 11016 j^P. 01 " - 

imrcb^liat bad been left vague and obscure. This, indeed, fitter wlthth"'” 6 
\ L { uha 0 dul ! us C ; csar ’ which comprehended those cases which mierht 
imperial'enactmeiffs. ked P "‘>’ served as the foundatiof'M 

B.Ofi" ™fmpeached1'n B 'c°M* f“’ had be “ Tribane of the PIebs ™ 
exercising their .‘i^f Ime^imi’. ?'° m f 

UndertelawT 5 A *RV “ (See Asco " in Cor^itT) 

Max IV. UU Vlii. 2 ,' 2 7 ' 39 47 ' de 0ff ' 11 ,4f Brut * 35 - Khct. ad Herenn. I 14 Val 
2 Val, Max. III. vii. 8. via vi. 4. Ascon. in Cic. pro Scauro. 


IUDICIA PUBLICA. 


S03 


Ills Province, and marched an army into Egypt to reinstate Ptolemy Auletes. 
Out of 70 Jurors, o2 brought in a verdict of Guilty, and 38 Acquitted him. 

After the establishment of the empire, the law of Maiestas served, in the hands 
of e\ il Princes, as one of the grand instruments of tyranny, and offered irresistible 
temptations to bands of needy informers, ( delatores ,) for not only acts tending 
to subvert the imperial constitution were regarded as penal, but any thing written 
or spoken which could in any way be construed as reflecting on the character of 
the supieme ruler, was now held to involve Minuta Maiestas. How fearfully 
this engine of oppression was worked from the time of Tiberius downwards, is 
lamdiar to every reader ot Tacitus, by whom the change of principle introduced 
after the downfal of the republic, is distinctly explained,— Legem Maiestatis 
i eduxerat ; (Tiberius;) cui nomen apud veteres idem, sed alia in indicium 
veniebant: si quis proditione exercitum, aut plebem seditionibus, denique male 
gesta re publica Maiestatem Populi Romani minuisset : facta arguebantur, 
dicta impune erant. Primus Augustus cognitionem de famosis libcllis, specie 
legis eius, tractavit , commotus Cassii Severi libidine, qua viros feminasque 
illustres procacibus scriptis dijfamaverat. Mox Tiberius, consultante Pompeio 
Macro, Praetor e, an iudicia Maiestatis redder entur, exercendas leqes esse, 
respondit. (Tacit. Ann. I. 72.) 

Vis, as a legal term, was understood to denote the organizing and 
arming of tumultuous bodies of men for the purpose of obstructing the constituted 
authorities in the performance of their duty, and thus interrupting the ordinary 
administration of the laws. No such offence was recognised by the Criminal 
Code until the last century of the republic, when violent riots by hired mobs 
became so frequent, that M. Plautius Silvanus, Tribune of the Plebs, B.C. 89, 
passed the Lex Plautia de Vi, in terms of which, those convicted of such prac¬ 
tices were banished. The law is described by Cicero as— Legem quae de sedi- 
tiosis consceleratisque civibus, qui armati Senatum obsederint, maqistratibus 
vim attulerint, rempublicam oppugnarint, quotidie quaeri iubeat (Pro Coel. 1.) 
The concluding words in the above sentence indicate a peculiarity by which the 
statute was characterized, namely, that trials under it might be held on any dav 
whatsoever— quotidie quaeri iubeat . . . diebus festis ludisque publicis 

omnibus, negotiis forensibus intermissis, unum hoc iudicium exercecitur. It 
does not appear, however, that a Questio Perpetua de Vi was established until 
the Dictatorship of Sulla. 

The Lex Lutatia, passed in B.C. 78, seems to have been merely supplemental 
to the Lex Plautia. 

The Lex Pompeia de Vi, passed by Pompeius Magnus in his third consulship, 
B.C. 52, was intended specially for the punishment of those who had taken part 
in the murder of Clodius, and in the subsequent disturbances, when the Senate 
house was burned, and the mansion of M. Lepidus, the Interrex, attacked. After 
these cases had been disposed of, the Lex Plautia and the Lex Lutatia were 
again resorted to until superseded by the 

Lex lulia de Vi, passed by Julius Caesar while Dictator, by which, or by 
some of the Leges Iuliae of Augustus, the distinction between Vis Publica and 
Vis Privata, unknown before, was introduced, and a wide field opened up for 
lawyers, both speculative and practical. 

Of the extant speeches of Cicero, those Pro Sulla, (B.C. 62,) Pro Sestio, 
(B.C. 56,) and Pro Coelio, (B.C. 56,) were delivered on behalf of individuals 
impeached under the L,ex Plautia , and of these, that Pro Sestio especially pre- 


304 


IUDICIA PUBLICA. 


StTATci™ sf? n *■ ■ d “ S" 

by whirl? rtf MI ° 1 B ' C ' 52) Wa 7 f course cond ucted under the Zez Pompeia, 
cifielprtSn P s we“ .T W " mad<! **"> and the *"** ™ re "">">■ he 

. A* T! iat the h ' ial fouM commence with the examination of witnesses upon 
both sides and that three days should be allowed for that purpose. P 

o day should intervene, and then that the speeches of the accuser 

and the defendant should be delivered on one and the same day, that is the fifth 
two hours bemg allowed to the former and three to the latter/ ’ 

ceedWs but th^Zt frt b ° by H wh ° sll0uld hear the wh ole pro- 

eeamg S , but that, before they retired to vote, the accuser and the defend ant 

!? Ve f 6 ngh \? f chalI enging five out of each Ordo or Decuria so 
that the number who actually voted would be reduced to 51. 

, . the P re ® ld ent of the court ( Quaesitor ) should be elected by the Comitia 

(.suffragw populi) out of those who had held the office of Consul 7 

anfabetos f< jrsfufr^ by * maj ° ri .' 7 f 38 t0 13 : 0,le of his chief supporters 

LexmutPw. as^q^iTb ^ b -° U - gbt ^^ 

^yt v t r” ” '*V "d 1 son. It has been inferred from a passage in the DiVpsf 

M^Dciens^nrudenp !fire ^^ ° f S 6 ™ Tables ’ an "°~iZ ofS 

fitntiitp if L /, 10 iaism £’ was himself to be burned alive. How iono- this 
R ‘ ,0t ’ W3S included aIs0 “ the ^ dc W e anl ihe 

f ‘, erm H 7 kidium 

“ ZeSlf X" 

was called, figuratively perhaps, Parricida ' * Pe ‘ 8 ° n gmlty ° f 8acnle S e 

<■«• p-£SfiX?St<£ZZ£Z rSS;.?“ T5‘ 

and life, which resulted from tL / ^ 16p ? b !?’ wh ® n th e insecurity of property 

—• invests 

1 Q'nn A r.nev.,1_• _ x m 


1 See Ascoiiius in Milonian 

3 K; £!“; ,%:• rarHci p 221. _ ob . „„ 


Plut. Rom. 22. Cic. de Legg. II. 9 . 


IUDICIA PUBLICA. 


305 

de Sicariis et Veneficis, and by the establishment of a Quaestio Perpetua to 
cany out its provisions. This enactment was of a character much more com- 
piehensrv e than its title would import, and formed the kernel of the Imperial 
ordinances, as we find from the Digest which contains large extracts. Not only 
assassins, ( sicarn ) and all persons who had actually committed murder, but 
every one who could be proved to have carried weapons with the intent of com- 
mitting muider 01 robbery— qui cum telo ambidavcrit hominis necandi furtive 
faciendi causa , hominemve Occident— or who had compounded, sold, bought, 
been m possession ot, or administered poison with felonious intent —quicunque 
fecent, vendident , ement, habuerit , dederit venerium necandi hominis causa— 
or who had procured the condemnation of an innocent man for murder by cor¬ 
rupting witnesses or jurymen, became liable to the penalty imposed, which, for 

a free citizen was Aquae et Ignis Interdictio , to which Julius Caesar added 
confiscation of property. 1 

We are acquainted with the details of two most interesting trials held under 
this law that of Statius Albius Oppianicus in B.C. 76, for the murder at Rome 
of a certain young man of Larinum, named Asuvius; and that of Aldus Cluen- 
tius Habitus in B.C. 66, for having suborned the Jury upon the trial of Oppi¬ 
anicus and subsequently poisoned Oppianicus himself. ' The particulars are given 
at great length in the speech of Cicero Pro Cluentio. 

With regard to Parricidium proper, or the murder of a parent, it was ordained 
bv a very ancient law that the individual convicted of such atrocious guilt 
{crimen asperrimum nefas ultimum) should, after being scourged to the effu¬ 
sion of blood (virgis sanguineis verberatusf) be sewed up in a leather bao- 
{insulin culeum ) and thrown into the deep sea or a running stream, (obvolutus 
et obligatus corio devehebatur in profluentem ,) and this punishment seems to 
have been retained in the Lex Cornelia. 2 It is said that no example of this 
crime occurred for upwards of five centuries from the foundation of the city. 
Ihe first individual convicted of murdering his father, was a certain L. Hostius, 
after the close of the second Punic war, and the first murderer of a mother was 
I ublicius Malleolus before the Cimbric war. 3 As an example of the prosecution 
of an alleged parricide under the Lex Cornelia , we have the trial of Sextus 
Roscms of Amena, impeached, B.C. 80, of the murder of his father, and success¬ 
fully defended by Cicero in a speech still extant. 

Pompeius in his second consulship, B.C. 55, passed the Lex Pompeia de 
Parnadio , in which Parricidium , even in a restricted sense, comprehended the 
murder of all near relations, whether by blood or marriage, and also of a 
Pat) onus by his Liberties , but the punishment of the sack was retained in the 
case of those only who had murdered a father, a mother, a grandfather, or a 
grandmother, an unsuccessful attempt being visited with the same severity as the 
completed crime. 

It must be borne in mind, that under the republic and the early empire, the 

1 See Cic. pro Rabir. perduell. reo 6. Pro Cluent. 52—57. 71. 

2 Modestinusin the Digest (XLVIIJ. ix. 9,) when commenting on the Lex Pompeia de 
Farmcidis, states Poena Parricidn, more mawrum, haec ivstituta est: ut Parricida vircris 
sanguineis verberatus, deinde culleo insuatur cum cane, gallo gallinaceo, et ripera, et simia: 
delude in mare profunduin culleus lactatur. Hoc ita, si mare proximum sit: alioquin bestiis 
obncitur secundum Dirt Hadnam Constitutionem. But although Modestinus uses the phrase 
more maiorum, the addition of the animals must have been after the establishment of the 
empire. Seneca refers to the serpents, and Juvenal to the apes, but Cicero in a highly orna¬ 
mented and rhetorical passage on this very topic takes no notice of any thing but the sack — 
Maiores nostri . . . . insm voluerunt in culeum vivos, atque ita in flumen deiici. (Pro 
Rose. Araer, 2o.) Moreover, there were no monkeys in Italy. 

3 Plut. Rom. 22. Rhetor, ad Herenn. I. 13. Liv. Epit. LXVIII. Oros. V. 16. 

X 


306 


IUDICIA PUBLICA. 


murder of a slave by his master involved no penalty, while the murder of a slave 

belo gmg to another subjected the perpetrator merely to an action of damages 
on the part of the owner. b 

mil h r gh r ,in “- vm r ,erem ^ f OTalon S Period, have been rare, we find 
mention made on several occasions of poisoning, which, if we can put any faith 

li riff-";! S , H " n,,llmt ' s P ract ‘ sed upon a most extensive scale. Thus in 
tw ° Patrician matrons fell under the suspicion of having caused a 
pestilence, which was ravaging the city. They were found guflty and— 

mrU , m COmleS m . agmm numerum matronarum indica- 

viiTfs) £Tc m Ve :f«l 

“S “ f the Praet T’ a PP° in ™‘° the^ government^ of ^Sardinia 
four monfh, hv ^T 1 ua " er fz <mi we are ‘old that he was detained for 

ZZlZiciJlcZrT^ f f f“ magnam partem extm 

P Vakrio creder? ll Z P aptius vimm erat Si An tiati 

41 1 hue an 1 ' "-° damnavit. (Liv. XXXIX. 38. 

180 >. on occasion of a pestilence, a suspicion of poisoning arose— 
et Venef.cn Quaestto ex S. C. quod in urbe, propiusve urban decern millibus 
~sum, a Claudio, Praeforf. . . ultra deZZ TapZZ 

\raZiret lleZZZZV P^quam in Sardinian prouinciam 

fcZSig ZZ Z v ,, after £•• M , aenius wrote a fetter to the Senate 

?ZTZs m n a Z t - XL ■ 37 • 43 - } C0 “P- mviT m 

»„^*r'"","“ e- ^ The . Cri l nen Pdepetundarum (sc. pecuniarum) in its original 
etymological signification denoted a charge of extortion preferred agS a 

Roman provincial governor. The provincials who brought the charge were said 

?nZZ‘ S i° aucien ‘ phraseology—res repelere—and part of the punishment 
flicted, when an olfence of this nature was proved was a restitnilmw.f ii 

or objects illegally appropriated, and hence such smn or such objects were ij” 

S rtlvt n anTaT„f° f ^ h ° We ™ r ’ th ° w2 

eiu to apply to any act of misgovemment or oppression on the mrt of a nrn 

vrncial governor —male administratae Provincial crimen P 

Soon after the termination of the second Punic war the Lex Porcia of M 

;;U 

liiese, taken in chronological order, were_ 

1. Lex Calpurnia , B.C. 149. 

xxfxii^ir'xxxvjKfas i’ s T k„ x l , \fs v -« ^ «so. 33 . .,4. 

Max. VIII. i. 2. Plut. Cat. 15. Auf Gell tV i? J * XLIiL Z 7 ‘ XLIX. Val. 


IUDICIA PUBLICA. 


307 


2 . Lex Iunia , passed by M. Iunius, a Tribune of the Plebs. Date unknown. 

3. Lex Servilia , passed by C. Servilius Glaucia, Tribune of the Plebs. 
B.C. 105. 

4. Lex A cilia, passed by M\ Acilius Glabrio, Tribune of the Plebs. B.C. 101. 

5. Lex Cornelia, passed by Sulla. B.C. 81. 

6 . Lex Iulia , passed by Iulius Caesar in his first Consulship. B.C. 59. 
Consequently all the trials De Repetundis in which Cicero took a part, e.g. 

that of C. Verres, B.C. 70—M. Fonteius, B.C. 69—P. Oppius, B.C. 69—C. 
Manillas, B.C. 65—L. Valerius Flaccus, B.C. 59—C. Antonius, B.C. 59—M. 
Aemilius Scaurus, B.C. 54—A. Gabinius, B.C. 54 —were under either the Lex 
Cornelia or the Lex Iulia. The proceedings against Verres afford an example 
of a trial De Repetundis under the Lex Cornelia in its most complete form, 
except that the opening speech, the Actio Prima , is less full than it would have 
been under different circumstances. 

Falsum.— Forgery. No special law against this crime existed until the 
time of Sulla, by whom the Lex Cornelia de Falsis was passed, and a Quaestio 
Perpetua instituted. 1 The chief offences of which this court took cognisance 
were— 

1. Forging, destroying, concealing, altering, or in any way tampering with 
a will— Testamentum — falsum scribere — surripere — supprimere — celare — 
delere — interlinere: Signum adulterinum sculpere—facere — exprimere, &c. 

2. Coining base money, &c.— Nummos aureos , argenteos — adulterare — 

lavare — conflare — radere — corrumpere—vitiare . . . Aes inaurare — 

argentare , &c. 

3. Bearing false testimony and corrupting witnesses— Ob falsum testimonium 
perhibendum vel verum non perhibendum pecuniam accipere — dare. This 
crime was provided for in the Code of the XII Tables, and punished by hurling 
the offender from the Tarpeian rock. 

The penalty attached to the Lex Cornelia de Falsis , as indeed to all the laws 
of the Cornelian criminal code, was Aquae et Ignis Interdictio. 

Peculatus denotes the embezzlement of public property , while Furtum is 
the abstraction of the property of an individual. 

This crime was of rare occurrence in the earlier ages, and many of the trials 
upon record were the result of party feeling rather than of any corruption on 
the part of the person accused. Among the most remarkable were those of—M. 
Fuidus Camillus (B.C. 391) 2 —of M. Livius Salinator, afterwards Consul and 
Censor 3 (B.C. 219)—of the brothers P. Cornelius Scipio Africanus and L. 
Cornelius Scipio Asiaticus 4 (B.C. 187)—and of M’. Acilius Glabrio 5 6 (B.C. 139.) 

We learn from the speech of Cicero for Murena (c. 20) that a Quaestio Per¬ 
petua had been established for the trial of cases of Peculatus as early as B.C. 
90, but when it was first instituted, and under what law it was administered we 
cannot determine. Whatever the law may have been, it would seem that it 
remained in force until the enactment of a Lex Iulia by Julius Cagsar or Augus¬ 
tus. In the Lex Iulia de Peculatu was comprehended the crime of Sacrilegium , 
in so far as it extended to abstracting or injuring the property belonging to a 
temple or to the services of religion. 

1 Act. in Yerr. I. 42. de N. D. III. 30. 

V Liv. Y. 32. Plut. Cam. 12. 

3 Aurel. Viet, de vir. ill. 50. 

4 Liv. XXXVIII. 50. XXXIX. 22. 52. Val. Max. III. vii. 1. V. iii. 2. VI. i. 8. VIII. i. 1. 

Aul. Gell. IV. 18. VII. 19. 

6 Liv. XXXVII. 57. 


308 


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clo T J>L ( j n . men j de . Pecu ^ Residuis was closely connected with the Crimen 
.J J ° rJ okin » t0 th ? etymology we should be led to believe that it 
finally signified a prosecution for the recovery of a balance of public money 
remaining m the hands of some official who had not accounted fully to the 
government. Faustus Sulla, son of the Dictator, was frequently threatened 
with an impeachment of this nature, in reference to sums received by his father 
but no trial actually took place. 1 The Crimen de Residuis formed^ one of the 
chapters in the Lex Iulia de Peculatu. 

Ambitus.—Bribery employed by a candidate for some public office in order 
to secure his election. This offence was almost unknown in the earlier ages of 
the lepubhc. Laws were indeed enacted from time to time whose object was to 
check the eagerness of rival competitors, such as that passed in B.C. 432 nro- 
lbiting candidates from wearing a conspicuous dress; (p. 177 ;) and the \ex 
Poetelia of C Poetelius, Tribune of the Plebs, B.C. 358, intended to^ repress the 
excessive zeal displayed in canvassing (Liv. VII. 16.) Towards the clo^e of the 

^ r eVei ’ briberj P revailed to an extraordinary extent, and was 
educed to a regular system. There were Brokers ( Interpretes ) who undertook 
to range the terms upon which the votes of electors ivere to be purcha ed 
Tiustees (Sequestres) m whose hands the money agreed upon was deposited until 
he service was performed; and Distributors {Dilores) whoTrti^d^“S 
um among the venal citizens. These proceedings became notoHous and a 
senes of enactments were passed in rapid succession for the repression’of such 

StTthp 8 Vp ! aCh t p 016 SGVere i than itS P redecessor i bu t as happened De Repetwl 

eno’rmffy 3 th^finaT^ 3 T ^ th ° Crime weat on increasing in 

enormity until the final overthrow of the constitution. The laws De Ambit i, 

taken in chronological order, were the following Ambitu, 

1. Lex Cornelia Baebia , passed by the Consuls of P C mi p -t- 
Cethegus and M. Baebius Tamphilus, V 

snfssssrfflf ttsursra t 3 

office for ten years - 

Some rt&TSi l^ttlat^efXhthe 11 ' O™? V* U9 ' 

de t m ^rn - est “' (?"■ Perpsiua 

4 Lex Fabia prohibiting the candidates from being escorted bv a Inner 

KotOTiona bribery resitted J. by 5gIneV l5ira "foBC V' 1 tlla 
prevent Cicero from being elected Aedile. B ’ C * °’ 0rder to 

6. Lex Tullia, passed by Cicero when Consul, B.C. 63. He proposed th;« lo 

comXS o t°; ptedinXa" SlTVl • COnu ? 

- taa “ * “I'ZZLS'SiS 155 

' See Cic. pro Cluent, 34. 53. de Leg. Agr. I. 4. Asoon. ad Cornelian. 


IUDICIA PUBLICA. 


309 


be banished for ten years. Many practices were prohibited which tended to 
influence the electors improperly, even when money was not offered, such as the 
presence of crowds ot hired attendants, public banquets, and the exhibition of 
gladiatorial shows, except under peculiar circumstances. (Cic. pro Muren. 32. 
in Vatin. 15.) 

7. Lex Licinia , passed by M. Licinius Crassus when Consul, B.C. 55. This 
referred chiefly to the suppression of electioneering clubs, ( sodalitates — soda- 
Idia ,) the members ot which ( sodales ) acted as bribing agents. A Senatus- 
Consultum to the same effect had been passed the year before. The punishment 
inflicted was Aquae et Ignis Interdictio ; but the chief peculiarity and harshness 
of the law lay in the constitution of the Jury, which was composed of Iudices 
Editicii, (see p. 297,) a majority of whom were virtually nominated by the 
accuser. 

Under this law, Cn. Plancius was tried in B.C. 54, and the speech of Cicero 
in his defence is still extant. 

8. Lex Pompeia , passed by Pompeius Magnus in his third Consulship, B.C. 
52. The changes introduced by this law related chiefly to the form of process, 
which was shortened and simplified, and thus the escape of the guilty was ren¬ 
dered less easy. Finally, we have 

9. Lex Iulia , passed by Augustus, B.C. 18, in consequence of the disturbances 
which took place at the Consular Comitia of B.C. 22, during his absence. 

Punishments recognised in Koman Criminal Law.—Of these we may 
specially notice— 

1. Mors. The punishment of death appears to have been inflicted, not unfre- 
quently in the earlier ages, by hanging, (infelici arbore reste suspender e,) 
scourging, and beheading, (virgis caedere securique ferire s. per cutere,) and 
hurling from the Tarpeian rock (de saxo Tarpeio deiicere .) 1 By degrees, 
however, the sacred character with which the person of a Roman citizen was 
invested, rendered capital punishments much less frequent, and for a long period 
before the close of the republic, judicial executions may be said to have, in a 
great measure, been abolished. Indeed, the right which every one accused 
possessed of remaining at large upon bail, until his trial was concluded, always 
placed it in the power of a criminal, when he perceived that condemnation was 
inevitable, to escape. The arrest, imprisonment, and death by strangling, 
(laqueo gulam frangere ,) of Lentulus and Cethegus, took place under circum¬ 
stances altogether unprecedented, and it must be remembered that they were 
never brought to trial. 

2. Sacratio Capitis. In the earlier ages also, the penalty attached to the 
violation of certain laws, hence termed Leges Sacratae , was Sacratio Capitis; 
that is, the offender was declared to be Sacer , i.e. devoted, life, family, and 
property, to a deity, and might be slain by any one with impunity, the act of 
putting him to death being regarded, not as murder, but, as it were, a sacrifice, 
a presentation to the deity of an object which belonged to him. Thus, according 
to the definition of Festus, (s. v. Sacratae , p. 318)— Sacratae leges sunt quibus 
sanctum est , qui quid adversus eas fecerit , sacer alicui deorum sicutfamilia 
pecuniaque; and again— neque fas est eum immolari , sed qui occidit , parricidi 
non damnatur. Such was the law of Poplicola —de sacrando cum bonis capite 
eius qui regni occupandi consilia inisset; (Liv. II. 8 ;) and such was the law 
in virtue of which persons of the Plebeian magistrates became sacrosancti — nam 


1 Liv. I. 26. II. 5. VI. 20. VII. 19. XXVI. 15. 


310 


IUDICIA PUBLICA. 


l ZricSrit£7^r tUr ' V UiS mm lt e ° ««r sit Occident, 

Chap V p 141 ) ( V ‘ Smer ’ p ' 318 ’ com P' what has been said in 

3. Aquae et Ignis Inierdictio. On the nature of this punishment as well 
spoken in p ai 84 g ° f the WOrds Exsilium > Relegatio , and Deportatio we "have 

4. We have already adverted to those offences which rendered a 
citizen lmbie to be sold as a slave, (p. 83,) most of which were in reality breaches 
of nnl tary discipline. We have also pointed out the severity whh which the 
ancient law \isited insolvent debtors; and by the XII Tahles « sin-,;in 

7:tqeXII F TaI I i anifeStUS '- ^ Ga!uS (UL § 189 )—Poena Manifest!Furl 

“ “ ****** wt^Lnd 

place nnde“uo“ng c“ttTe *W” V*S proced » re - This'took 
been guilty of FurZ VSZ Z7 " 1 Pote [ late ’ OT a d*ve, had 
Obligatio ex deUcTaZZ The Zt pr0 P ert 7 » f “other, it constituted an 

miglft bring anTthe^ f“ 7™** 

combined with slavery does not seen f t ’ . that 1S ’ im P n sonment not 
republic, as a punishment ‘° haVe becn res ° rt “< •«. ™der the 

gum&“a1d^defbr a triT ttM ” pris °“ bis 

place at the impeachment^LI Sett inVc STf 8 ' l°° k 

been established that an accuser althnmrh i 1Q ’ T • i * * . » , lfc seems to have 

bail for his appearance had vitriol t L, G mi ght require the accused to give 

be found, indeed such’ irntZltl 1° n°T P rison if could 

. with the fully r LnSd SfZtLd hi ha '' e ^ aIt0 £ eth “ insistent 
impeached, of witSSri^f^ZS^T 7 .®^ 6,izen whe “ Publicly 
had been formally pronouTced ' 6X1,6 ** period baf °re his guilt 

wasTztatT&T„ e ;f:„ro^ when . th6 s ?%«^ **** ** 

from permitting a suspected traitor to remafoat "hi! Z lj “' a PP ri *ended 
responsibility of committing him to prison Of u , Senate assmnc "' the 
proceedings adopted toward! some o/thTe 


IUDICIA PUBUCA. 


811 


the conspiracy of Catiline. But except in an extreme case, even when it was 
deemed necessary to refuse ordinary bail, a more gentle restraint was imposed, and 
the individual was placed in what was termed Custodia Libera , that is, he was 
not sent to gaol, but was intrusted to the charge of one of the higher Magistrates, 
01 of a Senator of distinction, who became responsible for his safe keeping. 1 

5. Mulcta . The infliction of pecuniary fines as a penalty for certain offences 
was common from the earliest times, and at the commencement of the republic 
the Consuls seem to have assumed a discretionary power. This was, however, 
regulated and limited by the Lex Aternia Tarpeia , passed by Aulus Aternius 
and Sp. Tarpeius, when Consuls, B.C. 454, after which no magistrate in exer¬ 
cise ot summary jurisdiction could impose a fine beyond a certain fixed limit, 

and when the penalty proposed exceeded this it became the subject of a Iudicium 
Publicum. 2 

Poena Capitalis—Crimen Capitale—Ludicium Capitis—Causa Capitalis 

Aliquem rerum capitalium reum facere—Accusare rei capitalis—Facinora 
capitalia facere—Fraudem capitalem admittere— on the true signification of 
these and similar phrases, see p. 83. 

Under the empire, new and cruel punishments were introduced, such as com¬ 
pelling criminals to fight with each other as Gladiators, or with wild beasts, 
{dare ad bestias—bestiis obiicere—condemnare ad bestias—tradere ad bestias 
depugnandas ;) burning to death, which was not unffequently carried into exe¬ 
cution by clothing the victim in a shirt steeped in pitch, ( Tunica molestaf) 
and then setting it on fire ; and various other tortures. These, however, were 
generally inflicted upon culprits of the lowest class only, criminals of distinction, 
especially those convicted of offences against the state, being generally permitted 
to choose whatever form of death, by their own hands, appeared to them least 
painful. 

Pleaders in Civil and Criminal Trials. —As long as Criminal Trials were 
held in the Comitia, or before Commissioners specially appointed by the Comitia, 
the accuser was the magistrate by whom the Assembly had been summoned, and 
the accused conducted his own defence in person, aided only by his nearest rela¬ 
tions. 3 We find no trace of the accuser having received assistance until B.C. 
149, when Cato is represented as having acted as a Subscriptor (p. 295) to the 
Tribune, Scribonius Libo ; and on this occasion also, Sergius Galba, the accused, 
was defended by Fulvius Nobilior, who had no immediate concern with the 
cause. It may be doubted, however, whether the procedure in question was in 
the form of a regular judicial impeachment. 4 It is certain that up to this period, 
the existence of a class of persons who made it their chief occupation to under¬ 
take the impeachment or defence of accused persons, in whom they felt no direct 
personal interest, was entirely unknown. But in the very year above mentioned, 
the first Quaestio Perpetua was introduced by the Lex Calpurnia , (p. 290,) 
and a new order of things rapidly arose. The law De Repetundis was intended 
expressly for the protection of the provincials against the oppression of their Roman 
governors ; but it was impossible for the injured parties to appear personally as 
accusers in the Roman courts, and the services of a magistrate were no longer 
necessary. Hence the accusers would naturally seek to obtain the assistance of 
that individual who was likely to conduct their cause with the greatest amount 

1 Sallust. Cat. 47. 48. &c. Cic. in Cat. IV. 5. Tacit. Ann. VI. 3. Dion Cass. LVIII. a 

2 Aul. Gull. XI. 1. Dionys. X. 50. Cic. de R. II. 35. Festus s. v. Peculcitus, p. 237. 

2 Liv. Ill, 5. A VIII. 33. XXXVIII. 58. Dionys. X. 5. 

4 Liv. Epifc. XLIX. Cic. Brut 23. de Orat. I. 53. Val. Max. VIII. i. 2. 


312 


IUDICIA PUBLICA. 


of ahiJJiy a n cl zeal while the defendant, if not gifted with native powers, would 
soon feel the necessity of adopting the same course. On the other hand, it was 
soon found that the new Courts afforded an excellent stage for the display of 

f ' 110 W ‘7 C0U ! d a y0Ung ambitious man m( >re speedily 

sunnorf 7 “ J fe ? Wn hlS * alents for P ublic busines ^ a " d secure the 

suppoit of admirers and partizans. Thus the value of eloquence and dialectic 

kill became every day more and more evident, and the art of forensic speaking- 

was more and more cultivated, until it reached its culminating point in the ag? 

pohtical°power 8UCCeSS * ^ ° Pened Up ° ne ° f the most direct avenues to 

cha^^nf^^^ 0 *^ repre . sent . another m a Court of Justice, dis- 
t C ; ar f® d 0n - nr he duties “ 0st im P eratlve , in ancient times, on Patrons in rela¬ 
tion to their Clients; and hence the general name for a pleader in a Court of 

Justice, whetner Civil or Criminal, who acted as counsel f or another was 
Patronus Any one learned in the law, (juris-consultus,) who was called in to 
*,ive his advice on legal technicalities and on the best mode of conducting- the case 
vas termed Advocatus; but this word was never emploved to denote a Pleader 
J‘ atd . the , imperial times - 1 In the earlier period of forensic pleading, it was the 

handed 6 - bnU^^TTi conduct the whole caus e intrusted to & him single- 

t0 be idd /S ' / 6Came T St0m T 7 in impeachments, for the accuser 
to De aided by Subscnptores, who spoke occasionally, but played a nart 

altogether subordinate to that sustained by the leading' counsel. The number 

*7* " ee h-Z-entWd 2-SS5 

Sate Subscrmtores P ^ T 7 0116 J eadmg counseI > assisted by subordi- 

fol the impeachment, the arrangements for the defence were 

1 fi am; of Paftnf? T* 7 ab alike distinguished by 

increased to sk as ’n tl 7 * Umber ^ f ° ur ’ which was sometimes 
even twelve. 3 * ’ * Case oi Scaurus ’ and occasionally rose as high as 

nh^T7 l !° Wed /° r ?P eahin P Ifc is uncertain whether any restrictions were 
J p p ’ T] eai , y P e ™ d > on the length of time during which a pleader might 
i . , J be author of the Dialogue on the Decline of Eloquence ascribes 

(I„ C° ir/TlT 1 Utar ad dicendum kgitimo temjore 

ZZS'JZ'k v C0 „T pr ? , Flac t 33 -)- tha ‘ 

the extent StaST “* ““ Pred5e 

means of “ C 1 and CnmmaI ’ the Profession of a Pleader as a 

hein7f,„ gaming money, was absolutely unknown, the only reward sought 
° 01 P° lltIcaI influence. The position occupied by the Pleader being, 

4 n „Sir■ ?Vi l - ta ,r t? 1 *>• *■«<«». 

III. 4; Pseud. Aseo„, in Cic. DIv. in Q. 0 4 1 IV ' 1 % VI - ,l 22 . Pli„. Epp. I. 2a 

Val“l.TIV'if? A° e ' ^ G 

3 Ascon. Argum. in Cic. pro Scaur. Dialog de cans C F%R V 5 ' Ascon - in Milonia*. 

4 Ascon. Argun,, in Mitonian. Cie. Brut. Cass. XL. 


IUDICIA TUBLICA. 


313 


in principle, that of a Patron to a Client, it was considered disreputable to receive 
pecuniary remuneration, or even gifts, for executing a task, the due performance 
of which was a sacred duty. However, as early as B.C. 204, the Lex Cincia 
Muneralis was passed— qua cavetur ne quis ob causam orandam pecuniam 
donumve accipiat 1 2 —which proves that the practice of accepting fees, in Civil 
Suits at least, had at that early epoch, begun to excite attention, and to call for 
legislative interference. 

After the overthrow of the republic, the position of Pleaders, with regard to 
the people at large, was entirely changed. The latter were no longer, as formerly, 
the dispensers of all political distinctions, and therefore the former had no longer 
the same inducements to court their favour. Moreover, the most important 
Criminal Trials now took place in the Senate, from whose deliberations the public 
were excluded. Hence persons could not be easily found willing to devote their 
time and talents to the service of those from whom they could obtain no acknow¬ 
ledgment, and the practice of taking fees seems to have rapidly become general. 
Augustus endeavoured to restore the ancient discipline in this matter, by passing 
an enactment, that Pleaders, convicted of having accepted remuneration, should 
be compelled to refund the amount fourfold; but from the change of circum¬ 
stances, it is manifest that such a regulation could not have been enforced with 
advantage to those parties whom it was intended to protect. Accordingly, we 
read that Claudius, when a proposal was made during his reign to revive the Lex 
Cincia , found it expedient to fix the maximum which it should be lawful for a 
Pleader to receive, (10,000 sesterces,) instead of making a vain attempt to 
forbid the practice altogether. 3 Prom this time forward, pleading at the bar 
became fully recognised as a Profession , in the modem acceptation of the 
word. Those who followed this calling were now usually termed Causidici; 
and Juvenal, when complaining of the want of encouragement for men of 
letters, reckons the Causidici among those whose exertions were inadequately 
rewarded. 

It may be seen, from the examples given by Valerius Maximus (VIII. iii.) 
that women w r ere not prohibited from pleading in a Court of Justice. 

Offences committed by Pleaders. We have seen above, that after the insti¬ 
tution of the Quaestiones Perpetuae , it was competent for any Roman citizen to 
prefer a charge in these Courts. 

This privilege might be abused in various ways, and in process of time it was 
found necessary to restrain certain offences connected with public prosecutions 
by penal enactments. The offences against which these statutes were directed 
were chiefly— 

1. Ter giver satio. 2. Praevaricatio. 3. Calumnia.—Accusatorum te- 
meritas tribus modis detegitur et tribus poenis subiicitur , aut enim calumniax- 
TUR, aut PRAEVARICANTUR, aut TERGIVERSANTUR. 

The nature of these we shall briefly explain. 

1. Ter giver satio. When an accuser, after having brought a charge against 
any individual, was induced, by corrupt motives, to abandon the accusation, 
either by not appearing on the day fixed for the trial, or by formally abandoning 
the case before the trial had been brought to a regular conclusion, he was said 
Tergiversari. The result of such a step was the erasure of the name of the 
defendant from the roll of accused persons ; and during the period of the republic 

1 Tacit. Ann. XI. 5. comp. XIII. 42. Cic. Cat. Mai. 4. ad Att. I. 20. Liv. XXXIV. 4. 
Paul. Diac. s. v. Muneralis , p. 123. 

2 Tacit. Ann. XL 5—8. 


314 


IUDICIA PUBLICA. 


ik> proceedings seem to have been taken against the accuser, who would merely 
sutler generally m character. But the practice of extorting money by threatened 
prosecutions became so frequent under the empire, that in the reign of Nero a 
measure was passed by C. Petronius Turpilianus, Consul, A.D. 61, cited -some¬ 
times as the Lex Petroma, and sometimes as the Senatus-Consultum Turni- 
hanum m terms of which Infamia (p. 84,) and a tine of five pounds weight 
oi gold were inflicted upon an y one convicted of Tevgivevsatio . 

2. Praevaricatio. When an accuser was induced, by corrupt motives, to 
conduct his case m such a manner as to secure the acquittal of the accused, 
which might be done m many ways-as, for example, by passing over lightly 
t le most important charges, or by refraining from calling the most important 
witnesses, or by challenging upright jurors, and allowing those to remain who 
weie known to be friendly to the defendant,—he was said Praevaricari. We 
find no traces of any separate enactment directed specially against this offence 
befoie the imperial times, although the practice became common towards the 
close of the republic, at the period when so many of the Criminal Trials were of 
a po ltieal and party character; but various laws seem to have contained clauses 
providing tor the punishment of such treachery. Any one whose acquittal had 

im?XLe ee \r CUr 1U tMS ma T’ T ld again bG brou - ht t0 trial for the 

same offence. The new accuser was bound, m the first instance, to impeach 

: e /?r/r er bef0re *¥ same Court which had pronounced the acquittal* 
tliPof- the f, st , ac f ser ™ foand 8' ullt 7 of Praevaricatio , the condemnation of 
the oiigmal defendant followed almost as a matter of course. 1 The punishment 

upon a formai ^ * *• 

We have examples of trials for Praevaricatio in the case of Livius Drnsus 

wll, “ tln ? Crime 2 in B.C. 54, bat acquitted; and ofM. Servi- 
ns Wemmus whose case is detailed by Coelius; (Epp. ad Earn. VIII. 8 ;) and 
it we can believe Cicero, the motive which induced Q. Caecilius to seek the 

Sin Q ’ ' VaS * teire t0 pr0Cure his "***■ (See 

the T1 conduet %7Zt ati ° I" “TT? em P ,0 >’ ed in a general sense to denote 
t ie conduct of a Patron who wilfully betrays the interests of his Client and 

thus might be employed to denote the treachery of a Pleader who endeavoured 

o procure the condemnation of the party whom he was ostensibly defending • 

but this is not the technical and legal import of the word. ^ g 1 

Ca [ umn f' Tins word, in its most general acceptation, is used to denote 

r/J Q Ud i u 1 ' tveacher y on the P ar t of one engaged in conducting a Criminal 
. al, and hence comprehends the two offences already specified. It is however 
01 the most part employed in a more restricted sense to signify the crime of 

hnnii^e . mal,c ''aforethought, preferring a false accusation—in the 

language of the jurists— Calummosus est qui sciens prudensque per fraudem 

SZto X ?0 T7l- Fr0m a veiy P e ™ d - “ —"eStad 
in term. „f h- n .f ^ “ S " ser an oath called Iusiurandum Calumniae 

in the mdh ofthe* . a “ a . de 3 s ° le T declaratio » tliat lie sincerely believed 
27 f h aocused - A “ oath of this description seems to have been 
demanded as a necessary preliminary in the various laws providing for the 
adinmistration of Criminal Justice—Si deiuraverit Calumniae causation pos- 


1 % ee Le A X £V'h d , e , Re - r)et P- 7 - G4 - cd. Klenze. 

2 Cic. ad Q. F. II. 16. 


Plin. Epp. III. 9. 


niDICIA PUBLICA. 


315 


tulare —and hence any one suspected of having taken this oath falsely, was 
liable to impeachment. 1 

A Lex Remmia was passed under the republic for the repression of Calumnia ; 
but when, or by whom, is not known. Nor are we acquainted with its provi¬ 
sions, except in so for that it has been inferred, from a passage in Cicero, (Pro 
Rose. Amer. 19. 20.) that branding upon the forehead (with the letter K) was 
one of the penalties. y 

The Parties in Criminal Trials —In addition to what has been said above, 
we may remark, that the terms Actor and Reus (p. 267) were employed alike 
in Civil Suits and in Criminal Trials; but Petitor was applied to the plaintiff 
in the former only, and Accusator to the impeacher in the latter only. 

C Ser . viI x a Liv XXXIII. 47. Cic. ad Fam. VIII. 8. pro Rose. Comoed. 1. pro 

SulL 31* Ascon. in Cic. Cornelian- * 




Sacrificial Axe and Knives, (see p. 343.) from the frieze of the temple of Jupiter Tonans at Romo. 



























CHAPTER X. 


RELIGION OF ROME. 


The snbjeet naturally divides itself into three heads. 

2 The namGS ’" ttributes > h j st0 ^ <^d mutual relations. 

t t ^“fitera by whom their worship was conducted, 
o. Ihe Mode of worship. 

I. The Gods Worshipped. 

General Characteristics of Roman Mythology.—In order that wp 
be able to form any distinct conception of Roman Mythology it is essentially 
necessary to bear m mind the fact that the Romans were orioinaUy a mixedTeonk 

—Mi^tW he f CO n ItIOn 0 fa ii Ie “ t threedis tinctraces—Latins—Sabines—Etrascans 

whittfHf’? 

the pastoral PelasgUn^and^ftMhe^dark'and^loomy'supersUtio^of th^Etrus^ 

gradually became acquainted with the colonists of South#*™ Teal * u R , n f 
their conquests beyond the Ionian Sea, 

mg a marked resemblance, both in nLne^^tlSS t ^ beai " 

might be expected from the Pelasgian element common to bothnatTons ^This 
circumstance having attracted notice, it would annear that 111 . 

community speedily arrived at the conclusion, that the Reli^on of GreecTand'tl a? 
ot Home were m all resnent<? ratHnaim u n r, ovv , tt ° vrieece ana that 

ills 

fnd the inter poets,’ " WeI1 “ S “ Cat,Jlus ’ 

It is evident, therefore, that a full account of all the Gods celebrated in the 


RELIGION OF ROME. 


317 


Latin Classics would involve a complete treatise upon Greek Mythology, a subject 
which does not fall within the compass of a work like the present. We must be 
content, in this place, simply to name the most important divinities, adopting, 
as far as it goes, the classification recognised by the Roman authors themselves. 

!>ii Consented.— I he Romans and the Etruscans recognised Twelve Great 
Gods, six male and six female, who met together in council and regulated all 
tilings in heaven and on earth. There were the XII. Dii Consentes s. Complices 
whose gilded statues w ere ranged along the Forum, (Varro R. R. 1.1,) the same, 
doubtless, with those enumerated by Ennius— 

Iuno, Vesta, Minerva, Ceres, Diana, Venus, Mars, 

Mercurius, Iovis, Neptunus, Vulcanus, Apollo. 

1. Iovis, Iovis Pater, Iupiter, Diespiter, the Zsvg of the Greeks, the 
Tina or Tinia ot the Etruscans, was Lord Supreme. He was worshipped on 
the Capitoline under the titles of Optimus Maximus , Capitolinus, and Tarpeius; 
on the Alban Mount he received the homage of the Latin Confederacy, as Iupiter 
Latiaris. Of his numerous titles, many were derived from the sway which he 
exercised over the elements. Hence he was termed Lucetius, Diespiter , Tonans , 
Fulguritor , Imbricitor , and, from a legend that he had been drawn down from 
heaven, in the age of Numa, to teach how his wrath, when indicated by storms, 
might be appeased, Elicius. The Ides of each month were sacred to Jove, and 
a great festival, the Feriae Latinae , was celebrated in honour of him annually 
on the Alban Mount. It is said to have been instituted by Tarquinius Superbus 
in order to cement the union between Rome and the Latin States ; but it probably 
originated at a much earlier epoch. The sacred banquet, called Epulum Iovis , 
was held on the 13th November ( Non . Novembr.') 

2. Iuno, a modified form of Iovino, the wife of Iovis, and Queen of Heaven, 
{Iuno Regina ,) was identified with the''H^5c of the Greeks, and the Cupra of 
the Etruscans. One of her chief duties was to preside over married life, and 
hence she was addressed as Matrona , Iugalis , Pronuba. When lending aid at 
childbirth, she was styled Lucina , and in this capacity was identified with the 
Greek Wi’heidvia. In her temple on the Arx, she was worshipped as Iuno 
Moneta , which seems to mean, the Warning Goddess , and adjacent to tin's 
shrine was the public mint. Her rites were celebrated from a very early epoch 
with peculiar sanctity at Lanuvium, where she was named Iuno Sospita s. 
Sispita , i.e. the Saviour. The Kalends of each month were sacred to Juno, 
and she received special homage on the Matronalia , celebrated by the Matrons 
on the first of March. 

3. Minerva, the Menrva of the Etruscans, was identified with the 
LlaAAaj- ’ Ad'/jv/j of the Greeks. She was the patroness of all learning, science, 
and art, and exercised a special superintendence over spinning and weaving, the 
two chief departments of female industry. Her great festival was the Quinqua- 
trus s. Quinquatria , which commenced on the 19th of March, and eventually 
was prolonged for five days. A second festival was celebrated on the Ides of 
June, and termed Quinquatrus Minusculae. Since Minerva was goddess of 
learning, schools were under her protection. School-boys had holidays during 
the greater Quinquatria , and at this season each brought a gift to his master, 
which was termed Minerval. 

It would appear that Iovis, Iuno , and Minerva , were worshipped jointly in 
the citadel of every great Etruscan city; and we have seen that they were 
regarded as the special protectors of Rome, and occupied the great national 
temple on the Capitoline (p. 25.) 


318 


RELIGION OF ROME. 


. 0n the 4th September, (Prill. Non. Septem.br.) and for several days follow¬ 
ing, the great games, styled by way of distinction, Ludi Magnl , or Ludi Romani 
were celebrated in honour of these three deities. 

4. Vesta, who must be regarded as the same with the 'E aria, of the Greeks, 
^.eems to ia\e been a Pelasgic goddess. She was worshipped in every mansion 
a . s th f Protectress of the domestic hearth; and the ever-blazing altar of her 
circular temple beside the Forum was looked upon as the hearth of the whole 
Roman people considered as one family. In the most sacred recesses of this 
sanctuary were preserved certain holy objects, upon which the safety of the City 
was supposed to depend; and when Greek superstition became rife, it was believed 
that chief among these was the Palladium , the image of Pallas, which fell from 
leaven when Ilus was founding Ilium, and which was brought to Italy by AEneas, 
along with the Phrygian Penates. The festival of Vesta, the Vestalia was 
celebrated on the 9th of June (V. Id. Iun.) K ’ 

a T ,r * TT A - P< ?i LL ° 1 ! vll0 ® e name a PP ears 011 Etruscan monuments under the form 
1S + t 1 he of the Greeks > who was eventually identified with 

the Sun-God The worship of Apollo was not introduced at Rome 
until a comparatively late period. No temple was erected to him until B.C. 428, 
and the Ludi Apollmares , celebrated each year on the 5th of July (III. Non 
Qian til.) were not instituted until B.C. 212. V 

6 ' Eiana ’ or Euna, the Moon-Goddess, must be regarded as the same with 

tV ,. 0SNA ’ ? r LalA ’ of the Etruscans » and was identified with the Greek 

hlpnttfiS’ G i° ddeSS l u eTe ^ the sister of Pll0ebns A P oll o, who was herself 
identified, by post-Homeric poets, with 2*A W There can be no doubt that 

who C - ) ,? Cted fo ™, °, f Di 7 a s - I)ia Iana > Ian « being the wife of lanus, 

10 was anciently regarded by the Italians as the Sun-God. But how Diana 

came to be separated from her husband in the enumeration of the Twelve Con- 
mid A h ° W - the Greeks and Eomans sll °uld have established a 

Zopth 1 b ArtemiS 0r ? iana ’ and Hecate or Proserpina, goddesses of 
the nether world, so as to make up the Diva Triformis , (Tria virqinis ora 

T° r ! ,P , Ped aS Luna 111 heaven ’ as Diana u P° n earth, and as Proserpina 
in the realms below, are questions which would lead to very complicated and 

T^Zrf Sati r StatnGS W6re erected at a point from 

wnj I ! fi ! S n ° r Streets ^verged, and hence she is styled Trivia. There 
to Diana on the Aventme, on 31st March, (Prid. Kal. Apr.) 

brated shrine of D ™ Z r 13t \ A ” gUSt (Id. Sextil.) There was a cele- 

caUed to Zl r na ™ Z*™? Nemorensis ^ar Aricia, where a festival 

Driest in h th^ t? <m was . celebrat ed on the 13th August (Id. Sextil.) The 

mmdeHn^h-c, P 6 ™ fu 8 ltive slav e, who had gained his office by 

encountpi^flbrfp prede ? essar ’ and bence went armed that he might be prepared to 
encounter a new aspirant. ® r 1 

nfL& ident i5 ed r^? theTuEAN of the Etruscans, and the ’MPmJ/t, 
of the Greeks, was the Goddess of Love and Beauty. She was worshipped in 

the Cfr™ mS* ‘ he “ rr° f Cfo .y £ "“’ or Cla acina, i.e. The Purified and in 
mvrS w f Ven ^Murtea, an epithet derived probably from the 

5 d ™ l^d An m w?w nt r- ,”“ **? Vinalia, tU first cele- 

19ih AuJsf txrNrll fl aDd second - the Vinalia Rustica, on 
o nJLva • 1 ^ e P tr ‘) were sacred to Iovis and Venus. 

Goddess of Corn^mW w . lth u the Gl £ ek be. Mother-Earth, was the 

(Pro Balb 24 1 Worslli P’ as we are assured by Cicero, 

C 0 aIb - 240 Was denved from Gr <*ce, and conducted by Grecian priestesses! 


RELIGION OF ROME. 


319 


The festival of Ceres, the Cerealia, commenced on the 12th of April ( Prid. Id . 
Apr.) and lasted for several days. There were also rustic festivals in honour 
ot this goddess, the Paganalia and the Feriae Sementivae in seed-time, and 
the Ambarvalia before harvest. The latter was so called because the victim 
was led thrice round the fields before it was sacrificed. (See Yirg. G. I. 338. 
Tibull. II. i. 1.) 

9. Mars s. Mavors s. Mamers s. Marspiter, the God of War, was the 
A^yis of the Greeks, and with him was associated a female goddess, Bellona, 
but the name of his wife was Neria or Neriene. As the god who strode with 
warlike step to the battle-field, he was worshipped under the epithet Gradivus; 
and as the protector of the country, he was styled Mars Silvanus. Quirinus , 
i.e. Spear-Bearer or Warrior, was also an epithet of Mars, but was employed 
more frequently as the appropriate appellation of deified Romulus. Horse 
races in honour of Mars , called Equiria , took place on the 27th February 
(III. Kal. Mart.) and on the 14th March, (Prid. Id. Mart.) and chariot 
races on 15th October, (Id. Octobr.) on which occasion a horse, called Equus 
October, was sacrificed to the god in the Campus Martius. The festival of 
Bellona was on the 4th of June (Prid. Non. Iun.) 

10. Neptunus, the Lord of the Sea, whose name appears as Nethuns on 
Etruscan monuments, was identified with the Greek TLoa&tlicjv. There was also 
a Portunus, the God of Harbours. The festival of Neptunus, the Neptunalia, 
was celebrated on the 23d July (X. Kal. Sextil.) 

11- Yulcanus s. Mulciber, the God of Fire, the Sethlans of the Etruscans, 
was identified with the ''lltyouaTog of the Greeks, the artificer in metals, the 
smith who forged the armour of the gods and the thunderbolts of Zeus. The 
festival of Vulcanus, the Vulcanalia, was celebrated on the 23d August (X. 
Kal. Septembr.) v 

12. Mecurius, the God of Traffic and of Gain, the Turms of the Etruscans, 
whose name is manifestly derived from Merx, was identified with the' V^vjg of the 
Greeks. The festival of Mercurius was celebrated on the 15th May, (Id. Mai.) 
that being the day on which this temple was dedicated in B.C. 498 (Liv. II. 21.) 

Yarro, at the commencement of his treatise on Agriculture, invokes to his 
assistance Twelve Consentian Deities, (some of whom are different from the 
twelve named above,) those powers, namely— Qui maxinie agricolarum duces 
sunt. These he arranges in pairs : 1. Iovis et Tellus. 2. Sol et Luna. 3. Ceres 
et Liber. 4. Robigus et Flora. 5. Minerva et Venus. 6. Lympha et 
Bonus Eventus. 

1. Iovis et Tellus, or Heaven and Earth. Tellus, or Terra Mater, was 
a personification of the productive powers of the earth, and as such, identical 
with Ceres. As the source of wealth, she was styled Ops, and as the giver of 
all good things, Bona Pea. Fatua is said to have been another appellation of 
the same goddess, the name clearly indicating a prophetic or oracular divinity. 
Mciius and Maia, from whom the month of May derived its name, seem to 
have been a pair of equivalent deities, worshipped at Tusculum, and probably in 
the other states of ancient Latium. The festival of Ops, the Opalia, was cele¬ 
brated on 19th December; (XIV. Kal. Ian.;) the rites of the Bona Dea were 
performed on the 1st May (Kal. Mai.) by women only, every male creature 
being scrupulously excluded. 

2. Sol et Luna. These, according to the popular belief, were regarded as 
identical with Apollo and Diana. 


320 


RELIGION OF ROME. 


3. Ceres et Liber. Liber , or, as he is more frequently termed, Liber Pater , 
together with his wife, Libera , seem to have been the ancient Italian patrons of 
agriculture^ When Greek deities became mixed up with those already worshipped 
in Kome, Ceres, or A^tj^, was regarded as the protectress of the husbandman, 
.Libera was identified with her daughter II e^stpovYi, or Proserpina , while Liber 
was identified with the Wine-God, A louvaog, otherwise called B ux,xog, the 
Phuphluns of the Etruscans. The festival of Liber , the Liberalia , was cele- 
biated on the 17th March (XVI. Kal. Apr.) But although the Romans 
recognised their own Liber m the Greek A towaog, they long repudiated the dis- 
gustmg and frantic rites by which the worship of the latter was characterised 

p n i£f St L 8 ?* th ® attem pt made to introduce the nocturnal Bacchanalia in 
B.L. lob called forth most stringent prohibitions. 

4. K° bi gus et Flora must be regarded as two antagonistic powers, the latter 
a beneficent goddess, who watched over the early blossom, the former a. worker 
of evil who destroyed the tender herbs by mildew, and whose wrath was to be 
aveited by prayer and sacrifice. Robigns is elsewhere associated with a female 
f j t- T Je festival of .Ffora, tin; Floralia, commenced on the 28th of April, 

ThlfiG- i V the lst of May (Kal. Mai.) inclusive, 
ig i ^ R°l n O us i the Robigalia , was celebrated on the 25th April (VII. 

Aal. Mai.) We find classed along with Robigus , a God Averruncus : (Aul*. 

V: V ' •!, , COml ?- T arr0 L -, L - § 102 0 b »‘ this word must be regarded 

. epithet, equivalent to the Greek avir.iVe/t,-, applicable to any God when 
invoked to avert calamity. J 

. t f: YE V S ' ‘¥ fo ™ er 38 the P atroness all the useful arts, the 

latter as the goddess of reproduction, were appropriately ranked among the great 

i ural deities. There can be no doubt that Venus was occasionally viewed as 

n a ”tT P T r ; the * e ™™ ation mi S h ; lead us to suspect this, and the symmetrv 
of the Twelve Kural Du Comentes , six male and six female, can be maintained 
only upon this supposition. (See Macrob. S. III. 8.) 

catalogu™^ Ct B ° XUS Eventus ’ Moisture and Good-Luck , close the 

we find twenty deities ranked together 
as Great Gods, aiid designated, by an epithet borrowed from the Iudices of 
Law Courts (p. 294,) Dii Selectil These are Ianus, Iovis , Saturnus Genius 
Mercunus , Apollo, Mars , Vulcanus, Neptunus , Orcus, Liber Pater Tellus 
Ceres Iuno, Luna, Duma, Minerva, Venus , Vesta. Of these, four’are not 
included in either ot the lists of Dii Consentes detailed above, viz •_ 

1. Ianus, the deity represented with two faces ( Biceps-Bifrons) looking- in 

tlHfab-fr, r S ’f ems 4° ave been ° ne ° f the chirf Ejects of worship among 

GreekMvLwf he ‘T‘ TA® ep0ch ’ but was totaI 'j unknown to 

Gieek Mytholog). There can be no doubt that he was the Sun-God, and that 

his wife Jana was the Moon-Goddess. He presided over all beginnings and 

walw 8 -’ TS™ 6 d3y he ™ haikcI “ Matutinus Pafer, his name 
was first invoked m every prayer, and his festival was appropriately celebrated 
on the 1st January, (Kal. Ian.) that is, on the first day^Tthe first mon f 

ttf9rjanua?v g fT/d a 7 er h™' Phe . fe f vaI of the Agonalia, celebrated on 
tne jtn January, ( V.Id. Ian.) was also in honour of Ianus. 

. ii 0 We can scarcely doubt that this name is connected etvmoln. 

gically with Sat, Satur, Satio , and that Saturnus was originally purely a rural 

1 In like manner Cicero (Tnsculan. I. 13.) speaks of Li Maiorum Gentium. 


RELIGION OF ROME. 


321 


deityIn later times, however, by some process which it is very hard to 
exp am, he was identified with the Titan Ktfvos, the father of Zeus, while the 
female Titan Psaj, the wife of K^ouo;, was identified with Ops. AVe find men¬ 
tion made of another female deity, called Lua Mater , in connection with 
Sat id mis. The Nundinae were sacred to Saturnus , but his great festival, the 
Saturnalia , which was characterised by extravagant mirth, serving as the 
prototype ot the modern Carnival, was celebrated on the 17th December (XVI. 

Kal. lan.) The two following days were added by Augustus, and two more 
by Caligula. 

r O 

3. Orcus, otherwise named Ditis, Dis, or Dis Pater, was the monarch of 
the nether world, and as such was identified with the Mantus of the Etruscans, 
and with the Adn; or IYkovtuv of the Greeks. His wife, the Mania of the 
Etiuscans, the IIscosQovyi of the Greeks, was, we have noticed above, called 
Proserpina by the Romans, and identified with the Italian Libera. 

4. Genius. This was a spiritual being who presided over the birth of man, 
and attended and watched over him during life. Each individual had a separate 
Genius, who regulated his lot, and was represented as black or white according 
to his fortunes. AYomen were attended by similar spirits, who were termed 
hinones, and not only persons, but places also, were guarded by their Genii. 
Closely allied to the Genii were the 

Domestic Cods. leaves. Penates. —Lares were the departed spirits of 
ancestors who watched over their descendants, and were worshipped as tutelary 
gods in every mansion, and as such termed Lares Familiares. The whole city 
being the dwelling of the Roman people, who might be regarded as forming 
one great family, had its Leaves Praestites, whose appearance and festival^ 
celebrated on the 1st of May, (Kal. Mai.) are described in the Fasti of Ovid 
(V. 129 seqq.) In like manner there were groupes of Lares Publici , wor¬ 
shipped as Lares Rurales, Lares Compitales, Lares Viales, Lares Perma- 
rini, &c. 

Penates were deities selected by each family as its special protectors, and 
were worshipped along with the Lares in the Penetralia of each mansion, that 
is, at the Focus or hearth, which was the centre of the dwelling, and therefore 
the spot most remote from the outer world. The term Penates is frequently 
used to denote all the Gods worshipped at the domestic hearth, and in this sense 
comprehends the Lares , who must not, however, be considered as identical with 
the Penates , when the latter term is used in its restricted sense. 

# As there were Public Lares so there were Public Penates. Amidst the obscu¬ 
rity and contradictions which surround the statements of ancient writers on this 
subject, we are led to the conclusion that the Penates Populi Romani , were 
worshipped under the form of two youthful warriors who, in later times at least, 
were regarded as identical with K and (Castor and Pol¬ 

lux,) the A logKov^ot of the Greeks, and were believed to have some connection 
with the mysterious DU Cabiri of Samothrace. They are generally represented 
on horseback bearing long spears, with conical caps on their heads, whence they 
are called by Catullus, Fratres Pileati. 

Dii Novensiles.— This is the Roman term for the Nine Gods, who were 
believed by the Etruscans to possess the power of wielding thunderbolts. The 
names of seven only of these can be ascertained. 1. Tinia or Iovis. 2. Curea 
or Iuno. 3. Menrva or Minerva. 4. Summanus, who was probably iden¬ 
tical with Orcus, hurling his bolts by night, while those of Iovis were launched 
by day. 5. Mars. 6. Sethlans or Vulcanus. 7. Vedius or A r Eiovis, a 

y 


322 


RELIGION OF ROME. 


deity with regard to whose nature and attributes great diversity of opinion pre- 
™ dam °^ the Romans themselves in the Augustan age/ See Ovid Fast. 
III. 429. Dionys. 1.15. Aul. Gell. Y. 12. Macrob. S. III. 9. 

»ii Indigeses, i. e. Gods natives of the Soil , were mortals, who by their 
bravery and virtues had won for themselves a place among the celestials. Such 
were Hercules, whose rites were established in Italy at a very remote epoch, 
ns altar, called Ara Maxima , in the Forum Boarium , having been erected, 
according to tradition, by Evauder; /Eneas, to whom sacrifice was offered 
yeaily on the banks, of the Numicius, under the name Iupiter Indiges- 
and Romulus, worshipped under the name of Quirinus, whose festival, the 
Quinnalia, was celebrated on the 17th February (XIII. Kal. Mart.) The 
festival ot Fornax, the goddess of bake-houses, the Fornacalia, was held on the 
same day, which was also, for some reason not known, styled Festa Stultorum. 

fsciiiones—All of the personages mentioned in the last paragraph were, it 
will be observed, divine by one parent, and hence might be appropriately 
ermed Semones, 1 e. Semihomines. The deity most frequently mentioned under 
this title was the Sabine Semo Sancus, the God of Good Faith, who was held 
to be the same with the Latin Dius Fidius, both being identified with the 
Greek or Pelasgian Hercules. See Ovid Fast. YI. 213. His festival was 
celebrated on the 5th June (Non. Iun.) 

R " raI C ities—As might have been expected among tribes devoted to 
gncultnre and a pastoral life, the Italian Pantheon was very rich in Rural 
Gods. Among the most notable of these, in addition to the XII. DU Consentes 
of the Country enumerated above, were Faunus, whose festivals, the Faunalia 

S^ eka i ed °V, he n 13th u ebr / iarj ’ ( lcL Fehr J 011 13th October, (III. Id. 
Octobr.) and on 5th December (Non. Decembr.) and in addition to Faunus 

legmded as an individual God, there was a class of rural deities called Fauni 

who, m many respects, corresponded to the 2 drv^oi of the Greeks : there was 

a so a female power, Fauna, who is sometimes identified with Tellus Ops 

Bona Dm, and Fatua : Lupercus, whose festival, the Lupercalia was ceR- 

KaU^lrt Vt™ the A / e r tme ’ calIed Lu P erca I on the 15th February (XV 
fat. Mart.:) Faunus and Lupercus, together with a third, named Inuus were 

m later times, identified with each other, and with the Arcadian Pan • Picus 
and Silvanus, Gods of the Woods: Pales, the deity of shepherds, reprefented 
p f° ; me w } lteis a male, and by others as a female power, whose festival the 
Paliha, celebrated on the 21st April, (XI. Kal. Mai.) was believed to mark 

g W t ! ie clt F was foun ded (Dies Natalis urbis Romae ■) Pomona 

the Goddess of fruits: Vertumnus, the God of the changing seasons- Anna 

! rri°fr SS °[ th ^ circlin ^ F ear ’ whose festival was* 3 celebrated on the 
15th March (Id. Mart. :) Terminus, the God of Boundaries, whose festal 
the Termmaha, was celebrated on 23d February (VII Kal Mart ) 1 ’ 

Personifications of Moral Qualities, Arc.——A strikino' characteristic nf 

™ the ll0ma ge paid to the Moral Qualities, the various 
Affections of the mind, and many other Abstractions. Thus temples were 

plvou a pn sacnfices f ered t0 Virtus, Honos, Fides, Spes, Pudor 
F ™’ C 1 XC0Kr 1 )I /’ , Pax ; Victoria, Libertas, Salus, Iuventas Mens’ 

, '3 and a multitude of others, among whom Fortuna or Fors Fortuna’ 
the Nortia of the Etruscans, must not be forgotten. ortun a, 

Some other deities, who do not fall under anv of the ahnve 
mentioned here. Such were Mater Matuta or Aurora, 1 goddess of the early 


RELIGION OF ROME. 


323 


dawn, the Thesan of the Etruscans, the ’H^ of the Greeks, whose festival, the 
Matralia , was celebrated on 11th June {III. Id. Iun.) Consus, God of Secret 
Counsel, whose altar was buried in the earth in the Circus Maximus, and uncovered 
once a year only at his festival, the Consualia , which was celebrated on the 18th 
August, (XV. Kal. Sept.) the anniversary of the abduction of the Sabine maidens. 
Libitina, Goddess of Funerals, identified with Venus. Laverna, Goddess of 
Thieves. Feronia, originally a Sabine goddess, whose attributes are very 
doubtful, but who was probably in some way connected with Soranus, the 
Sabine God of the Lower World. Vacuna, also a Sabine goddess, who was 
variously identified with Ceres , Diana , Venus, Minerva , and Victoria . Caii- 
menta, identified with the prophetic mother of Evander, w'hose festival, the 
Carmentalia , was celebrated on 11th January (III. Id. Ian.) Camenae or 
Casmenae, nymphs analogous to the Greek Muses, one of whom was Egeria , 
the mistress of Numa. Fata s. Parcae, the Goddesses of Destiny. Fueiae s. 
Dirae, identified with the Greek "Eggvvvig, the Goddesses who inspired raging 
madness. Manes, the spirits of the departed, called Lemures when they 
exhibited themselves in frightful forms, whose festivals, the Feralia and Lemuria , 
were celebrated, the former on 18th February {XII. Kal. Marti) the latter on 
9th May ( VII. Id. Mai.) Mania, whom we have named above as the wife of 
Orcus, is sometimes termed mother of the Manes , while the mother of the Lares 
was Lara or Laeunda or Larentia, whose festival, the Larentalia, was cele¬ 
brated on the 23d December (X Kal. Ian.) In later times, Lara or Larentia 
was held to be Acca Larentia, the wife of Faustulus. Varro (L.L. V. § 74.) 
states, on the authority of the Annales , that King Tatius dedicated altars to 
Ops, Flora , Vedius, Iovis, Saturnus , Sol, Luna, Vole anus, Summanus, 
Larunda , Terminus , Quirinus , Vortumnus, the Lares , Diana , and Lucina. 
In another place (L.L. VII. § 45.) he names Volturnus, Diva Palatua , 
Furrina, and Falacer Pater , among the deities to whom separate priests were 
assigned by Numa. According to Servius, the ancient Romans gave the title of 
Pater to all Gods (Serv. ad Virg. Jin. I. 55.) 

Foreign ©eities.—Although the Romans were readily induced, by very 
slight resemblances, to identify their national gods with those of Greece, they, 
for a long period, looked with jealousy upon the introduction of deities avowedly 
foreign, and few were admitted, except in obedience to the dictates of an oracle 
or prophecy. Among those imported in this manner were— 

Aesculapius, God of the Healing Art, whose worship was introduced from 
Epidaurus in B.C. 291, in consequence of instructions contained in the Sibylline 
Books, which had been consulted two years previously as to the steps to be taken 
for averting a pestilence. 

Cybele, the great Phrygian Goddess of Nature, whose worship was introduced 
from Pessinuns in B.C. 205, in obedience to an injunction contained in the 
Sibylline Books. By the Greeks, she was identified with 'Piet, and styled 
Qiuv, and hence her festival, which was celebrated with great 
pomp at Rome on the 4th of April {Prid. Non. Apr.) and following days, was 

named Megalesia. _ . 

Peiapus, the God of Gardens, belongs to this class, since he was imported 
from Lampsacus on the Hellespont into Greece, and thence passed into Italy, 
superseding, to a great extent, the native Horta. 

Towards the close of the republic, the worship of the Egyptian Isis became 
fashionable, and, under the empire, Osiris, Anubis, Serapis, and a multitude 
of outlandish deities were eagerly cultivated. 


324 


RELIGION OF ROME. 


Holy Things and Holy Places . 1 

p ™ a *'i T-f ter T Which ex P ress t,le re %ious feelings entertained by the 

d “’or“„t“! ybeP10Per ‘° “ Plai " bef ° re “*“*« tba -ond 

Fas. IVcias. Falum. Fanum. Frofanus. Fanaticus.—All of these 

"°±,™ rri ed et ?' n ’ ol °g icaI1 y "ith the verb Faki. Fas denotes the Law 

of the diVim Word’ eVe ' 7 U V” g which has received the express sanction 

• d T • t p ’ N f a f 1S evei 7 thin a opposed to that Law or Will. Fatum 

inevtob^ c„™%o ee 'nas P s e V r by ‘f 6 deity ’ and which must therefore 

evitaoiy come to pass. Fanum is a place consecrated by holy words 

Prof anus is applied to any object not within the limits of a Fanum and is 
merely a negative epithet, signifying not consecrated. Fanaticus is Seriv on! 
who dwells m a Fanum ,, and is inspired bv a God • mJ lZT Pjopeily one 

views of the ancients, inspiration was frequently accompanied by^anticTenthusi 6 
asm, fanaticus often denotes mad or fatuous • nor is th P pJthnt * *15 
animate objects, for fanaticum carmen is a prophecy and faZitn nrhn^ 
a tree struck by lightning (Paul Diac n 92 T Whh a l arbor me ana 

5S53 tfs&s&s&jrXSXSz 

s Consecrare Sacrum, used as a substantive, fs a^fholy ofcinf atTolv 

An individual might become Sacer in two wavs •_ 

selve^over to death (Diis Manilas Tellurite) for the^tSf^‘tS 

whatofn^fbelOTged ttfhun^ 0 ™ 6 ^ * “* iS theGod 

dir^Tprotert^ofr Cod« S T' ied ‘° any ° bj ? Ct beUeveiJ t0 the 

placed by man under the protection onheGods, and which the^d b fa f ° rm -‘ D J 

would bvlvlsacrthige!™ 3 SaCrosanctus ’ aud a “y injury done to such allb/ect 

the^andtn^hrS H ‘ he *1“ ™ ites man to 

signifies that feeling which causes a man to shrink fem^rll^ceT^ 


RELIGION OF ROME—SACRED PLACES. 


325 


act, or to dread the neglect of any observance, lest in so doing he should call 
down the wrath of Heaven. 

i cmpimn, Fnmun, Dclubrum, are the words most commonly employed 
to denote a sacred place. 

The original meaning of Templum was, in all probability, a spot marked 
out with certain solemnities by an Augur when about to take auspices; and 
on this was the Tabernaculum (p. 112) from which he made his observations. 
Ihe teim v\as applied also to the quarter or district of the heavens which the 
Augur defined with his staff of office, ( Lituus ,) and to which his observations 
v ere limited. Hence the verb Contemplari signifies To survey. In process of 
time, Templum became the technical term for any piece of ground separated and 
set apart (liberatus et effatus ) for some sacred purpose by an Augur. 

Fanum, in its widest acceptation, is a place consecrated by holy words. In 
its restricted sense, it was a piece of ground consecrated for the erection of a 
temple (locus templo effatus ) by the Pontiftces. 

Delubrum is more comprehensive than either of the two others, being a place 
hallowed by sacred associations, by the presence of a deity, or by the erection of 
an altar or sanctuary ; but it does not necessarily follow that the place had been 
formally dedicated by any of the higher priests. 

No one of these words necessarily implies the existence of a building, (i aedes ,) 
although they are all commonly used as equivalent to our word Temple. In 
order that an edifice destined for the service of the Gods might be erected in due 
form, the ground was usually, in the first place, liberatus et effatus by an Augur, 
and thus it became a Templum; it was then consecrated by a Pontifex , and 
thus it became a Fanum ; finally, after the building was erected, a third cere- 
mony, termed Dedicatio , took place, by which it was made over to a particular 
God. It was by no means essential, however, that all edifices erected for public 
worship should be Templa. Thus the Aedes Vestae , perhaps the most holy 
shrine in Rome, was not a Templum. On the other hand, many structures 
were Templa , although not employed directly in the worship of the Gods ; such 
were the Rostra and the Curia Tlostilia (pp. 13, 14.) 

Lucus is a holy grove ; Sacrum , Sacrarium , and Sacellum frequently desig¬ 
nate a holy place where there was an altar but no covered building. 

A Templum, in the restricted sense of an edifice set apart for the worship of 
the Gods, consisted essentially of two parts only, a small apartment or sanc- 
tuary, the Celia , sometimes merely a niche (Aediculd) for receiving the image 
of the God, and an altar (Ara — Altare) standing in front of it, upon which 
were placed the offerings of the suppliant. The general form, whether circular, 
square, or oblong; whether covered with a roof, or open to the sky; whether 
plain and destitute of ornament, or graced by stately colonnades with elabo¬ 
rately sculptured friezes and pediments,—depended entirely upon the taste of the 
architect and the liberality of the founders, but in no way increased or diminished 
the sanctity of the building. In so far as position was concerned, we learn 
from Vitruvius that a Temple, whenever circumstances permitted, was placed 
East and West, the opening immediately opposite to the Celia being on the 
West side, so that those who stood before the altar with their eyes fixed upon 
the God, looked towards the East. 1 2 


1 In the case of Vesta, it was held that her Temples must be circular. 

2 On Templa , Far,a, Ac. see Liv. I. 21. X. 37. XL. 51. Varro L. L. VI. § 54. VII. § 13. Vitruv. 
IV. 5. Aul. Gel). XIV. 7. VL 12. Macrob. S. III. 4. 11. Serv. ad Virg. ;En. L 450. IL 225. 
IV. 200. 


326 


RELIGION OF ROME—MINISTERS OF RELIGION. 


II. Ministers of Religion. 

These may be conveniently divided into two classes. 

A. Those who exercised a general superintendence over things sacred, or over 

particular departments, but who were not specially attached to one particular 
God. 

B. Priests of particular Gods. 

We commence with the former, of whom the most important were—1. Pon- 
tifices. 2. Augures. 3. XV-viri Sacrorum. 4. Epulones. These Corpo¬ 
rations formed the four great Collegia of Priests, who are emphatically described 
by Dion Cassius as Tdg rUau^ccg h^aavvcig, and by Suetonius as Sacerdotes 
bummorum Collegiorum} 


1. Pontifices. 

Institution. Number—The institution of Pontifices was ascribed to Numa, 
the number being originally five— Sacris e Principum numero Pontifices 
qumque praefiecit— four ordinary Pontifices and a president styled Pontifex 
Maximus , the whole being Patricians exclusively. 2 This state of things con¬ 
tinued until B.C. 300, when the Lex Ogulnia was passed by Q. and Cn 
Ogu mus, Tribunes of the Plebs, which enacted that four additional Pontifices 
should be chosen, and that these four should be selected from the Plebeians The 
number remained fixed at nine until the time of Sulla, by whom it was aug- 
ented to fifteen. Under the empire, the number was not strictly defined, 

d/i ) -- epGndCC a 1 ]™ the W j. n of . tlie Prince > wll <b ^ his capacity of Pontifiex 
,h »TrTXU 0Wn dlscretl0n - 4 Pontifices continued to exist as late as 
the end of the fourth century at least. 5 Among the numerous etymologies pro¬ 
posed by the Romans themselves, the most rational was that which regarded 

a * S a C0 T P0imd i 0f , Pow5 . and Facio ' restin g npon the explanation that 
% 7 7 - •* m ,°: St , sac , red daties 111 ancien t times was the repair of the Pons 
ououcius , to which a holy character was always attached. 6 

finfdtV f if leC8,OM T^ a1 ^ period, whenever a vacancy occurred, it -was 
filled up by the process technically termed, in this and similar cases, Cooptatio 
that is, the existing members of the Corporation themselves selected their new 
colleague, who, after the consent of the Gods had been ascertained by observing 
the auspices, was formally admitted by the solemn ceremony of Inauquratio 

Plebs } hi B CM <?4 P i?f f d V Domitius Ah enobarbus, Tribune of the 

r e is, in to O. 104, the right of election was transferred to the Comitia Tnbuta 

v Inch nominated an individual, who was then admitted into the Coliege of 

merf name^Tf 0 ^ In ^ ura ^ former being now reduced to a 

to the i I® ° bS - erVe that the Comitia Trihuta Proceeded, according 

thirty fi vp T a T’ 111 a ™ anner alt °gether peculiar. The whole of thf 

^ZtAl nhe8 A d T VOt 1 C ’ but a minorit ^ of them > seventeen namely, were 
was repealed BC V T J T P ™^ e * was elect e d - The Lex Domitia 

restored to top Vn‘ 81 *v - y the . LcX < p ondia de Sacerdotiis of Sulla, who 
o lege their ancient rights in full; but it was re-enacted by the 

^ cKr. 8 ilr' t- c °r Tacit - Ann - iit - «. 

i f there had been originally oheVo«*ySonly y ’ however ’ ex P resses Mmself (1. 20.) as 

a n 1V ‘ 6 LXXXIX. Aurel. Viet, de vir ill 75 

4 Dion Cass. XLII. 51. XLIII. 51. LI. 20. LI1I 17 SnVt oo 

0 Syminach. Epp. IX. 123. ‘ ' hutt - '-laud. 22. 

e Varro L. L. V. § 83. Dionys. II. 73. III. 45. Pint. Num. 9 Serv. ad Virg. JEtl II. 16a 


MINISTERS OF RELIGION. 


327 


Lex Atia of Labienus, Tribune of the Plebs, B.C. 63, with this modification, 
that the choice of the Tribes was now restricted to one of two persons previously 
nominated by the College. The Lex Atia was confirmed by Julius Caesar; but 
the original practice was revived for a brief space by M. Antonius in B.C. 43. 
Upon the abrogation of his laws, the right of choice fell into the hands of 
Augustus and his successors. 1 

With regard to the Pontifex Maximus, the arrangements were somewhat 
different, since the people had a voice in his election from a much earlier epoch. 
When a Pontifex Maximus died, an ordinary member of the College was 
admitted in the usual manner, and then the people, in a meeting of the Comitia 
Trxbuta , at which the newly chosen Pontifex presided, determined which of 
the number, now complete, should be Pontifex Maximus. After the time of 
Tiberius, the disposal of the office seems to have rested ostensibly with the 
Senate, by whom it was bestowed as a matter of course, upon each Emperor on 
his accession. 

Pontifices Minorca.—That some of the Pontifices were styled Minores is 
certain; but w r e have no means of ascertaining upon what basis the distinction 
was founded, and it would be fruitless to detail the numerous conjectures which 
have been proposed from time to time. The most obvious and probable solution 
is, that the epithet was applied to the three junior members, of whom the 
youngest in standing was termed Minorum Pontifcum minimus, and the eldest 
Minorum Pontifcum maximus. 2 The words of Livy (XXII. 57)— L. Can - 
tilius, scriba pontificis, quos nunc Minores Pontifices appellant .... 
a Pontifice Maximo eo usque virgis in Comitio caesus erat, ut inter verbera 
exspiraret —are particularly embarrassing, and have led some to imagine that 
the Minores Pontifices were mere secretaries, not members of the College at all. 
See also Capitolin. vit. Macrin. 7. 

Duties and Powers of the Pontifices.— The Pontifices were not attached 
to the service of any particular deity, but exercised a general superintendence 
and regulating power over all matters whatsoever connected with the Religion of 
the State and Public Observances. To enumerate all their functions would be 
at once tedious and unprofitable ; but the words of Livy, (I. 20. comp. Dionys. 
II. 73,) when describing the establishment of this priesthood by Numa, will 
show that their sphere of action embraced a very wide range— Pontificem 
deinde Numa Marcium Marci filium, ex Patribus legit, eique sacra omnia 
exscripta exsignataque adtribuit: quibus liostiis, quibus diebus, ad quae 
templa sacra fierent, atque unde in eos sumtus pecunia erogaretur. Cetera 
quoque omnia publica privataque sacra Pontificiis scitis subiecit: ut esset, 
quo consultum plebes veniret: ne quid divini iuris , negligendo patrios ritus, 
peregrinosque adsciscendo, turbaretur. Nec coelestes modo ceremonias, sed 
iusta quoque funebria placandosque Manes, ut idem Pontifex edoceret; quae - 
que prodigia, fulminibus aliove quo visu missa, susciperentur atque curaren- 
tur: ad ea elicienda exmentibus divinis, Iovi Elicio aram in Aventino dicavit, 
Deumque consnluit auguriis, quae suscipienda essent. 

To the Pontifices also was intrusted, in the earlier ages, the entire regulation 
of the year and of the Kalendar. They alone could determine the Dies Fasti, 
on which legal business might be lawfully transacted; and they alone were 

1 Cic. de leg. agr. II. ?. ad Brut. I. 5. Philipp. II. 2. Ascon. in Cornelian. Pseud. Ascon. 
in Div. in Q, C. Velleius II. 12. Suet. Octav. 3. Claud. 22. Nero 2. Tacit. Ann. III. 10. 
Hist. I. 2. Dion Cass. XXX VII. 37. XLIV. 53. LI. 20. LIII. 17. 

2 Fest. s.v Minorum tonljicum p. 161. Orat. de Harusp. resp. 6. Macrob. S. I. 15. 


328 


MINISTERS OF RELIGION. 


acquainted with the technical forms which litigants were obliged to employ in 
conducting their suits. Hence Pomponius, (Digest. I. ii. 2. § 6.) after explain- 
mg the origin of the Legis Actiones , (p. 277,) in the Laws of the XII Tables, 
Omnium tamen Tiarum (sc. legum) et interpretandi scientia et actiones 
apud Collegium Pontificum erant,— and Valerius Maximus (II. v. 21.) in like 
manner—Jus Civile per multa secula inter sacra ceremoniasque 'Deorum 
immortahum abditum solisque Pontificibus notum , Cn. Flavius . . . vulqavit. 
Compare the quotation from Livy, to the same effect, in p. 244. 

Powers of the Pontifex Maximus.— It belonged to the Pontifex Maximus 
to announce publicly the decisions ^ deer eta—responsa ) at which the College had 
arrived m regard to any matter which had been submitted to their consideration 
ro Collegio s. Ex auctoritate Collegii Pespondere, —and he would naturally 
possess considerable influence in their deliberations. But although he is desig- 
na cc y estus (p. 85) as Index atque Arbiter rerum divinarum human - 
arumque— it is certain that he was obliged to submit to the decision of a 
majonty of the College, although opposed to his own views (e.g. Liv. XXXI. 9.) 
ndeed there were only two matters in which we have any reason to believe 
hat lie exercised independent authority, namely, in choosing and, when neces- 
mij, inflicting punishment on the Virgines Vestales, of whom we shall speak 
below, and in compiling the annual record of remarkable events, civil as well 

and which must not be con- 

volnmpl ^ Llhri I ont 'fi caUs s * Pontiftcii s. Pontificum , which were the 
o umes containing instructions and liturgies for the celebration of all manner of 

holy rites, and the decisions of all manner of questions connected with sacred 
observances (Ins sacrum.) A portion of their contents was divulged by Cn 
riavius, as noticed above, (comp. p. 244,) and eventually the study’of the Ins 
Pontificium , in general, occupied the attention of many of the most distinguished 
lawyers towards the close of the republic and under the earlier Emperors 
Although the power of the Pontifex Maximus and his colleagues was in 

assefts Dion ^ sius ™h too'far when he 

Senam m nf t'? P ^ t0 n ° contro1 on the P^t either of the 

Senate or of the People. . Not only did the People, as we have seen above 

increase the number, admit Plebeians, and change the mode of election but we 

can find many examples where they exercised the right of passing under review 

Z “ d 

2. Augures. 

The Romans, like many Eastern nations in modem times, never entered unon 
any impoitant undertaking either in public or nrivatp lifp witLnnf i ? 
beforehand to ascertain the feelings of the Gods unon r T en( J e f vounn g 
infer the probable issue of the eSerprLe. t0 

connected 0 SVnimat °ofifaStte ntSe 

have already had occasion to speak when treating of the preliminary ceremon° es of 


.MINISTERS OF RELIGION. 


329 


tlie Comitia Centuriata (p. 111.) This feeling- was not peculiar to the Romans 
but was shared in its lull extent by the Greeks, so that the words "Opvi; and 
? 1,1 5 he 7 0ne language, and Avis in the other, although properly denoting 
simply a bird , are commonly used to signify an omen. The lines of Aris¬ 
tophanes apply as forcibly to the Romans as to the Athenians,— 

O^vcv ts'UO'Ui^sts iro&vd , ttsqI ftctvTsicts 'hiocK^ivu 

<&y,UY) yvpjv oqutg sariv, ktoc^ov ro^vtdoc Koikdm, 

Svfifio'hov OgVIV, (pUVVJV OQVIV, OiQOLTTOV'l'OQMV, OQVOV OQVIV' 

Nor aught there is by augury, but for a Bird may pass; 

A word, a sign, a sound, a sneeze, a servant or an ass. 1 

Institution, IVumfoor, Mode of Election, &c.— The whole system of Divi¬ 
nation, in so far as the public service was concerned, was placed under the 
control of the Corporation or Collegium of Augures. The institution of this 
priesthood, is lost in the darkness of remote antiquity, the statements of ancient 
writers being full ot doubt and contradiction. Romulus is said to have employed 
the aid of Augures in founding the City, and to have nominated three, one from 
each of the original Tribes, the Ramnes, the Tides, and the Luceres. At the 
period when the Lex Ogulnia was passed, (see above p. 326,) i.e. B.C. 300 
there were four, and five being added from the Plebeians by that enactment, the 
total number became nine, which was subsequently increased by Sulla to fifteen, 
and by Julius Caesar to sixteen. 2 The president was styled Magister Collegii] 
but he did not occupy such a conspicuous position in relation to his eolleaoaies 
as the Pondfex Maximus with regard to the ordinary Pondjices. 

The mode of electing Augurs underwent exactly the same vicissitudes as that 
of electing Pondjices , described above. They were originally chosen by Coop - 
tatio, which was followed by Inaugurado. In terms of the Lex Domida , the 
right of filling up vacancies was transferred from the College to seventeen out of 
the thirty-five Tribes, was restored to the College by the Lex Cornelia , was 
modified by the Lex Ada , and again restored by the Lex Antonia , which was, 
however, speedily annulled. Eventually the appointment lay with Augustus and 
his successors, who increased or diminished the number at pleasure. 

lus Augurum s. lus Aiigurium.— The rules constituting the 
science ( disciplina ) of Augury were derived in a great measure, if not 
exclusively, from the Etruscans, and formed the lus Augurum , by 
which the proceedings of the College were regulated. When doubt 
or uncertainty arose in any matter connected with this department, 
it was customary to submit it to the College, (referre ad Augures ,) 
and their decisions were termed Decreta s. Responsa Augurum. 3 
Insignia, Privileges, &c — In common with all the higher 
priests, they wore the Toga Praetexta , in addition to which they 
had the purple striped tunic called Trabea , their characteristic badge 
of office being the Lituus , a staff bent round at the extremity into 
a spiral curve. This they employed to mark out the regions of the 
heaven when taking observations, and it is constantly represented 
on coins and other ancient monuments in connection with those 
who had borne the office. 4 See cut annexed. 

1 Cary’s Translation of the Birds of Aristophanes, Act. I. Sc. VI. 

2 Liv. I. 20. IV. 4. X. 6. Epit. LXXXIX. Dionys. II. 22. 04. Cic. de R. II. 9. 14. de Div I 
40. Plut. Num. 15. Dion Cass. 

3 Cic. de Div. I. 17. II. 28. 33. 35. 30. de N. D. IT. 4. de Legg. II. 12, 13. de R. II. 31 

4 Serv. ad Virg. iEn. VII. 612. Cic. de Div. I. 17. 





330 


MINISTERS OF RELIGION. 


The Inaugurate, or solemn admission into office, was celebrated by a sump¬ 
tuous lepast, the Coena Auguralis s. Aditialis , at which all the members of 
the College were expected to be present. 

Two. individuals belonging to the same Gens could not be Augures at the 
same time, and no one could be chosen who was openly upon bad terms with 
any member of the Corporation. 1 

The office of Augur ( Auguratus ) was for life. A person once formally 
admitted could not, under any circumstances, be expelled— Honore illo nuncpuam 
privari poterant , licet maximorum criminum convicti essent (Tlin Edd IV 8 
Plut. Q. R. 99.) V ^ 

3. Quindecemviri Sacrorum. 

The prophetic books purchased by King Tarquin from the Sibyl, and hence 
termed Libri Sibyllini , were consigned to the custody of a College of Priests, 
whose duty it was to consult them (libros inspicere s. a dire) when authorized 
by a deciee of the Senate, and to act as the expounders (interpretes) of the 
mysterious words. The number of these Oracle-keepers was originally two, but 
m B.C. 369, was increased to ten, of whom, after B.C. 367, one half were 
chosen from the Plebeians, and by Sulla was increased to fifteen. 2 Their title 
was of a general character, being Duumviri s. Xviri s. XVviri Sacrorum s. 
Sacns faciundis, and in early times their duties were not confined to the custody 
and exposition of the sacred volumes, but they were, in certain cases, intrusted 
with the task of carrying out the injunctions found therein, and in the celebration 
ot various rites. Thus we find them taking charge of Lectisternia, of the fes- 
tivat of Apollo, and of other solemnities— Decemviros Sacris faciundis , Car- 
mimim Sibyllae ac Fatorum populi hinus interpretes , antistites eosdem Apolli- 
Jians sacn caeremoniarunique aliarum Plebeios videmus. 3 


4. Epulones. 

The superintendence of banquets, in honour of the Gods, according to the 
arrangements of Numa, formed part of the duty of the Pontifices—Quum essent 

ipsi a JSuma ut etiam illud ludorum epulare sacrifcium facerent instituti _ 

and we have stated above, that the Lectisternia were frequently conducted 
by the Duumviri or Decemviri Sacrorum, But in B.C. 196, in consequence 
ot the pressure caused by the multitude of ceremonial observances— vrovter 
multitudinem sacrijiciorum—a new Corporation of three priests was instituted 
to whom was commuted the regulation of sacred Epulae, and who were lienee 
i q Triumviri Epulones. The number was subsequently increased, probably 
by bulla, to seven by Caesar to ten, while under Augustus and his successors it 
’nould vary, but they are usually designated by the style and title of Septemviri 
Epulones. In common with the Pontifces and other higher priests, they had 
the right of wearing the Toga Praetexta. 4 J 


There were several other inferior Collegia Sacerdotum, not attached to any 
briefly ltlCU ar ^ DameS and functions of th ese we shall notice very 

ill. iffi W \i Sfef Att Xn ' la '*• ' 5 - '• Varrc, R. R. 

79. win V calyiSvVis. SIl 4 ! WT - «•*•*<■*->• Via «. Tacit. Ann. XI. II. Suet. Cae S . 

3 Liv. X. 8. comp. V. 13. XXII. 10. 

4 Cic. de Orat. III. 19 . Orat. de Hartisp. resp. 10 Liv XXXTTT lo rn . TTr 

Lucan 1 . 602 . Aul. Gell. I. 12 . Paul. Dial s.v.^oW p. 78 Tacit Ann. III. 64. 


MINISTERS OF RELIGION. 


331 


Fratres A rvales. A college of twelve priests, whose institution is connected 
with the earliest legends relating to the boundaries of the city. It is generally 
believed that their duty was, each year on the 15th of May (Id. Mai.) to pro¬ 
pitiate those Gods upon whose favour the fertility of the soil depended, by a 
sacrifice termed Ambarvale Sacrum , the victims offered (Hostiae Ambarvales) 
being driven round the ancient limits of the Roman territory. In this manner 
the fields were purified (lustrare agros.) A portion of one of the Litanies 
employed by this priesthood is still extant, and is regarded as the most ancient 
monument of the Latin language. Private Ambarvalia were celebrated by the 
rustic population in various localities, for the purification of their own districts, 
and some scholars maintain that the Ambarvale Sacrum , was in all cases a 
private rite. There is certainly no conclusive evidence that it was ever offered 
by the Fratres Arvales. 1 

Rex Sacrorum s. Sacrijicus s. Sacrijiculus. This, as we have already had 
occasion to point out, (p. 133,) was a priest appointed upon the expulsion of the 
Tarquins, to perform those sacred duties which had devolved specially upon the 
Kings. The title of Rex having been retained in the person of this individual 
from the feeling that holy things were immutable, a certain amount of dignity 
was unavoidably associated with the office; but the greatest care was taken that 
no real power, religious or secular, should be in any way connected with the de¬ 
tested name. The Rex Sacrijiculus was necessarily a Patrician, was nominated, 
it would seem, by the Pontifex Maximus , or by the College of Pontifces, and 
, was consecrated in the presence of the Comitia Calata. He held his office for 
life, and took formal precedence of all other priests, but was placed under the 
control of the Pontifex Maximus: the tasks assigned to him were for the most 
part of a very trivial character, and he was not permitted to hold any other 
office, civil, military, or sacred. His wife, by whom he was assisted in certain 
rites, was styled Regina , and his residence on the Via Sacra was known as the 
Regia. 

Although this priesthood was of small importance, and was so little coveted 
that towards the close of the republic it fell into abeyance, it was revived under 
the empire, and existed down to a very late period. 2 

Haruspices or Extispices , whose chief was termed Summus Haruspex , pre¬ 
sided over that very important department of Divination in which omens were 
derived from inspecting the entrails of victims offered in sacrifice. Their science, 
termed Haruspicina s. Haruspicum Disciplina , was derived directly from 
Etruria, and those who practised it were said Haruspicinam facere. The 
inferiority of the Haruspices to the Augures is clearly indicated by the fact, 
that while the most distinguished men in the State sought eagerly to become 
members of the latter college, Cicero speaks of the admission of an Haruspex 
into the Senate as something unseemly. 3 4 

Fetiales , 4 a college of Priests said to have been instituted by Numa, consist¬ 
ing, it would appear, of twenty members, who presided over all the ceremonies 
connected with the ratification of peace, or the formal declaration of war, 

1 A most elaborate investigation with regard to the origin and duties of the Fratres Armies 
is to be found in the work of Marini, published in 1795,under the title Atti e monnmenti d. fra. 
telli Arvali , &c. Aul. Gell. VI. 7. Plin. H.N. XVIII. 2, Tibullus. II. i. 1. Virg. Georg. I. 
345. Maerob. S. III. 5. Paul. Diac. s. v. Ambarvales Hostiae, p. 5, and the note of Mueller. 

2 Liv. II. 2. III. 39. VI. 41. XL. 42. Dionys. IV. 74. V. 1. Plut. Q. R. 60. Fest. s. v. Sacri- 
ficulus, p. 318. Varro L.L. VI. § 13. 28. 31. Maerob. S. I. 15. Aul. Gell. XV. 27. Serv. ad 
Virg. i£n. VIII. 654. Orat. pro dom. 14. Ovid. Fast. I. 21. 323. V. 727. 

3 Cic. de Div. I. 2. II. 12. 18. 24. ad Fam. VI. 18. 

4 Frequently written Feciales. The orthography and etymology are alike uncertain. 


332 


MINISTERS OF RELIGION. 


including the preliminary demand for satisfaction, ( res repetere ,) as well as the 
actual denunciation of hostilities ( Clarigatio.) Their chief was termed Pater 
Patratus , and was regarded as the representative of the whole Roman people in 
taking the oaths and performing the sacrifices which accompanied the conclusion 
of a treaty. When despatched to a distance for this purpose they carried with 
them certain sacred herbs called Verbenae or Sagmina, which were gathered on 
the Capitolme Hill, and which were considered as indispensable in their rites 
and they took also their own flints for smiting the victim; thus at the close of 
the second Punic War —Fetiales quum in Africam ad foedus feriendum ire 
luberentur , ipsis postulantibus, Senatus-consultum in haec verba factum est: 
Ut prwoslapides silices, privasque verbenas secum ferrent: uti Praetor 
Pomanus Jus imperaret , ut foedus ferirent , Mi Praetorem Sagmina poscerent. 
.f.. 1(1 9 enus ex fee sumtum dan fetialibus solet (Liv. XXX. 43.') 1 The 

Tadtus 14 4nn m F Q^ ales to the four & reat Colle g es is distinctly laid down in 

Curiones Of these, thirty in number, as well as of the Curio Maximus , 
who was chief over all, we have already had occasion to speak (p. 61.) The 
ordinary Curiones were elected each by the Curia over the rites of which he 
presided, the Curio Maximus seems originally to have been elected by the 
Connha Curiata , but m later times by the Comitia Centuriata or Tributa 
the Curiones and the Curio Maximus must, in the earlier ages, have been all 
Patricians, but in B.C. 210, when the political significance of the Curiae had 

^Maxinius^ ’ & P ebeian was ’ for tlie first time > chosen to fill the oflice of Curio 

to 'ISrS, t0 Th Siiei f h °- se Priests whose ministrations were confined 
to particular Gods. The most important were—1. Flamines. 2. Said. 


Vestates. 


1. Flamines. 


? C 7t neS T- a gen ^' al name for certain Priests whose services were appro- 
P ' a e( J *° , on ®deity. There were in all fifteen Flamines , three Maiores Flamines 
nistituted byluinm, who were at all times chosen from the Patricians, and twelve 
¥ f 7 Flamines i who might be taken from the Plebeians. The Flamines were 
it would appear originally nominated by the Comitia Curiata , but after the 
passing of the Lex Domitia (p. 326) by the Comitia Tributa in the manner 
described above. They were then presented to and received bv (capti) the 
n°Jf £ e °r ¥ aximus ' b / whom ’ with the assistance of the Augures , their conse- 

C0 ^ ted ’ ai J d ™ d <* ordinary Circumstances they 
neld office tor life. The three Maiores Flamines were—1. Flamen Dialis the 
pnest of Iov «. 2 Flamen MaHialis , the priest of Mars. S. FlamlnQuti 
nahs the priest of Qumnus. First in honour was the— H 

Flamen Dialis. No one was eligible except the son of parents who had been 

SSrw h P n fv 10 tt “ nditi “V hi f h ^ 4abl, “l b S 

Flamen Dialis was selected ( captus ) by the Pontifex Maxnnus He n6W 
assisted in his duties by a wi£ J wl/om L had 

5 86. Non. Marcell. s. 'y^Fufid^s. p. SG^'.Td^Gerl ^Au^Gel/ 1 XVI S 4* I pr' Varr ° L,L ‘ V * 
2 Dionys. II. 23. Liv. XXVII. 8. ' GelL XVL 4 - H. N. XXIL 2. 



ministers of religion. 333 

And Mho was termed Flctminicn TTnv nLi ,, 

hibited from marrying twice so tint if tL« ‘i,. 111 is pensable, and be was pro- 
obliged to resign. The privileges of the / a,m 5,? ied her husband was 
important. As soon as he was" formally -idmvH numerous aud 

parental control, (Patria Potestas, p. 247,) and became™ 8 emanClpated from 

f" ! P ; ras entitled t0 » seat in the Senate used 
the Sella' Ciirulis, and wore the Toga Praetexta but 
when sacrificing assumed, in common with other F amines 
a robe called Laena. His characteristic dress was a can 
ol a peculiar shape, termed Albogalerus, of which we 
annex a representation, and which it will be perceived 
like the cap of all the higher priests terminated in a sharp 
point, formed of a spike of olive wood wreathed round 
tvtth white wool. This peak was the Apex . Crd 
applied frequently to denote the head-dress of any priest 
To countcihalanee the advantages which he enjoyed 
the Fla. mm Dtalis was fettered by a multitude of restrict 

GeSL a aTsT W thTT"' en »®erated by Aulus 
, us v,A. 15.) Of these the most important was tint 

he was not permitted to quit the city ‘even for a sin'le 
command^ 6 C0 " U ' leVer undertake “7 forefgn 

deatfofMemlfrr/sf S lT t i nterrUp,ed for ^enty-six years, from the 

11,6 dUt,eS dUnDg “ liS “ d -hargcd lyZ S TZ% 
few^and imUdng°more^the ? attribut^of Ihe^T with the “»» ^a 

attached being fn severaHnstances^uite unkimwnT * Tbilswe hea^of the 1 */ 3 / W6re 

cannot distinctly ascertain ’ ‘ reIa “° n “ lep stood t0 ea <* other we 

2. Salii. 

In addition to the Flamen Martialis a ooIWp „ _ 

Gradivus, was instituted by Numa Thev were fn 1 ? Pnests of Mars 

and to their custody the twdve holy shields called U,T fr ° m th ? P f. n 1 cians - 

S r “ ™ 

fe h 

they were arrayed in an embroidered tunic, on their heads was th/I ^ °. cca : si01ds 

times suspended from their necks-&lL duolcttarttlZTjU 
XXVH h 8"xxIX 0 3 t 8^ h8 XXX?fi r xXxr 5 0°XXX^"lT'’’"’ "t “l \ » V ' 52 E P«- XIX. 

ftatfyt. as ^“viiiSubt vv% ,a t«V % s&fast 

VI. lx. 3. IX. xii. 5. Dion Cass LI V V r.J.Ti V!' ',.,? C,3V ' 3I - v al. Max. I. 12 4 
Varro L.L. V. 6 84. VllSU V^tH' . Ga,u j. L § 11*. 130. Aul. Gell. X. 15. XV 27 

Flumines p. 151. Serv. ad Virg. iEn. IV.' 2G2. ? VIII *604^°”^ P * !54 ' Paul - P>iac - s - v > Maiores 






334 


MINISTERS OF RELIGION. 


(sc. haima) tunicaeque pictae insigne dedit , et super tunicam aeneum pectori 

tegumen: coelestiaque arma, quae Ancilia 
adpellantur , ferre , ac per urbem ire 
canentes carmina cum tripudiis iussit. 
Annexed is a denarius of Augustus, on the 
reverse of which are represented two of 
the Ancilia, with an Apex between them. 
The splendour of the banquet by which the 
solemnities terminated is commemorated 
both by Cicero and Horace, and indeed the 
phrases Saliares dapes and Epulari Saliarem in modum seem to have passed 
into a proverb. Different members of the college bore the titles of Praesul, 
Vales, and Magister. 

In addition to the twelve Salii instituted by Numa, to whom the Ancilia 
were consigned, and whose sanctuary was on the Palatine, twelve other Salii 
w ei e instituted by Tullus Hostilius, and these had their sanctuary on the Quiri- 

07 -. 7 > e ^ Ce .’ C 01 ’ ^ ie sa ^ e distinction, the former were sometimes designated 
Salu Palatini , the latter Salii Agonales s. Agonenses s. Collini. 1 

3. Vestales. 



. "wstitHtJOH. Numbers.— The Vestales were the Virgin Priestesses of Vesta, 
instituted we are told by Numa, although the legends with regard to the founda¬ 
tion of the city imply the existence of a similar sisterhood at Alba Longa. Two 
were origina y chosen from the Ramnes, two from the Titles , and, subsequently, 

two -from the Luceres , making up the number of six, which ever afterwards 
remained unchanged. 

Qmaiificaiiotas. Mode of Election.— No one was eligible except a spotless 
Patrician maiden, perfect in all the members of her body, between the ages of six 
and ten, the child of parents free and free-born, who had been united in marriaoe 
, y Low/arreaft'o (p. 251.) The Vestales were originally nominated by the kings, 
but under the republic and the empire by the Pontifex Maximus , the technical 
phrase being capere Virginem Vestalem. Towards the end of the common- 
weaffh, in consequence of the unwillingness of parents to resign all control over 
their children, it became difficult to find individuals willing to accept the office, 
and a Lex Papia (Aul. Gell. I. 12) was enacted, in terms of which, when a 
vacancy occurred, the Pontifex Maximus was authorised to draw up a list of 
twenty damsels possessing the requisite qualifications, and one of these was 
publicly fixed upon by lot. The difficulty, however, seems to have increased, in 
consequence perhaps of the rite of Confarreatio having fallen into disuse, for we 
nnu that under Augustus even libertinae were admitted. 

Period Of Service, ©.uics —The office was not necessarily for life, the 
length of service being fixed at thirty years. During the first ten, a Vestalis 
was supposed to be occupied in learning her duties, during the second ten in 
per ormmg them, and during the last ten in giving instructions to the novices 
(aiscipulae.) During the whole of this time they were bound to remain pure 
and unwedded. When the full period had elapsed, the Yestal might, if she 
ought fit, return to the world, and even marry; but this rarely happened, and 

m 1 n* V ‘a*' 20 ; t 27 ; Dicmys. II. 70. III. 32. Cic. de Div. I. 26. II. 66. de R. II 14 ad A++ v o 

tmnda Vi 83 C T lau . d - 33 - Capitolin vit. M. Anton. 4. 21. Paul Diac s v Axa 

menta . p3. Qmntil I. O. I. vi. 40. Varro L L. VI. $ 14. VII. « 2 26 VirV 

Hor. C. I. xxxvn. 2. Epp. II. i. 80. Lucan. I. 603. IX. 478. Ovid? last. III. 387 Juv S. R 




MINISTERS OF RELIGION. 


335 


such unions weie looked upon as of evil omen. The Senior was termed Vestalis 
Maxima; the three Seniors, 1 res Maximae. Their chief duty was to watch 
and feed the ever burning- flame which blazed upon the altar of Vesta, the 
extinction ol which, although accidental, was regarded with great horror. They 
also cleansed and purified, each day, the temple of the Goddess, within the pre¬ 
cincts of which they lived, guarding the sacred relics deposited in the penetralia* 
and in consequence ol the inviolable character of the sanctuary, wills and other 
documents of importance were frequently lodged in their hands for safe custody. 
They also occupied.a conspicuous place in all great public sacrifices, processions* 
games, and solemnities of every description. 

Honours and Privileges—The confinement and restrictions imposed upon 
the Vestals, were fully compensated by the distinctions they enjoyed. From the 
moment of their election they were emancipated from the Patria Potestas and 
became. Sui iuris. In public they were treated with the most marked respect; 
they might go from place to place in a chariot; in later times a Lictor cleared 
the way before them; a seat of honour was reserved for them at the public shoivs; 
the Fasces of a Praetor or Consul were lowered to do them reverence; and if they 
met a crimiual on his way to execution, he was reprieved. 

Punishments for violation of Duty.—The Vestals were under the control 
and subject to the jurisdiction of the Pontifex Maximus. The two great offences 
which exposed them to condign punishment were—-1. Permitting the sacred fire 
of Vesta to be extinguished through neglect. 2. Breaking their vow of chastity. 
In the first case the culprit was punished with stripes inflicted by the Pontifex 
Maximus; in the second, a terrible fate was reserved for the guilty one. She 
was buried alive in a spot called the Campus Sceleratus , close to the Porta 
Collina (p. 38.) 1 

Of less importance than the preceding were the— 

Luperci , a very ancient Corporation, instituted, it is said, by Numa, who, on 
the 15th of February in each year, celebrated the festival of the Lupercalia in a 
sacred enclosure on the Palatine called Lupercal, the animals sacrificed being 
goats and dogs. The Luperci then stripped themselves naked, threw the skins 
of the slaughtered goats over their shoulders, and with thongs in their hands 
cut from the hides, ran through the most frequented parts of the city, smiting 
all whom they encountered, the blow being believed to possess a purifying influ¬ 
ence. Marcus Antonius is taunted by Cicero with having exhibited himself in 
this guise when Consul, and this was the occasion when he offered a diadem to 
Caesar. The Lupercal was popularly supposed to mark the den of the wolf 
which suckled Romulus and Remus; and the later Romans considered that the 
ceremonies belonged to the worship of the Arcadian Pan. The Luperci were 
divided into two Colleges, termed respectively the Fdbii s. Fabiani and the 
Quinctilii s. Quinctiliani. The legend invented to account for these names will 
be found, together with many other details concerning the Luperci and the 
Lupercalia , in Ovid. Fast. II. 267—426. comp. V. 101. 2 

1 On the restates, see Liv. I. 3. 20. IV. 44. VIII. 15. XXII. 57. XXVI. 1. XXVIII. 11. Plut. 
Num. 10. Tib. Gracch. 15. Q. R. 93. Dion Cass. XXXVII. 45. XLVII. 19. XLVIII 37 40 
LIV. 24. LV. 22. LVI. 10. LXV. 18. LXVII. 3. LXXVIT. 16. fragm. Peiresc. XCL XCII. 
Val. Max. I. i. 6. 7. V. iv. 6. Cic. de Legg. II. 8. 12. pro Muren. 35. Ovid. Fast. III. 11. IV 
639. Tacit. Ann. I. 8. III. 64. 69. IV. 16. XI. 32. Hist. III. 81. IV. 53. Suet. Iul. 83. Octav. 
31. 44. 101. Tib. 2. 76. Vitell. 16. Domit. 8. Senec. Controv. VI. de Vit. beat. 29. de Provid. 

5. Gaius I. § 145. Plin. Epp. IV. II. Aul. Gell. I. 12. VI. 7. X. 15. Festus s.v. Piolrum 
virginis Vestalis, p. 241. Sceleratus Campus, p. 333. 

2 See also Virg. iEn. VIII. 343. and note of Servius. Liv. I. 5. Cic. Philipp. IT 34. Plut. 
Caes. 61. Suet. Iul. 79. Octav. 31. Paul. Diac. s.v. Faviani et Quint Maui p. 87. Fest. p. 257, 
whose text is much mutilated in this place. 


336 


MINISTERS OF RELIGION. 


Potitii et Pinarii. —These, according to the legend, were two illustrious 
families dwelling nigh the Palatine at the time when the Ara Maxima was 
raised to Hercules by Evander, and were by him appointed to minister at that 
slirme. Of these, the Pinarii , who became extinct at an early epoch, were, 
from the first, through their own neglect, inferior to, and merely assistants of, the 

rohhi, who for many ages continued to act as priests of the Hero-God_ Potitii 

ab Evandro edocti , anastites sacri eius per multas aetates fuerunt (Liv. I. 7.) 
But m B.C. 312, having, by the advice of Appius, the Censor, given instructions 
to public slaves, m order that they might delegate to them the performance of 
the sacred rites, the whole race (genus omne) was cut off in one year, and 
Appius himself, not long* afterwards, was stricken with blindness. 1 

Sodales Titu.- -There was in ancient times a College of Priests bearing this 
appellation. Tacitus in one place (Ann. I. 54.) says that they were instituted 
by litus Tatlus for the purpose of keeping up the Sabine ritual, (retvnendis 
Sabmorum sacns ,) and in another, (Hist. II. 95.) that they were instituted 
by Romulus in memory of Tatius. The account of Varro is totally different 

(L.L. V. § 85 comp. Lucan. I. 602.) The Titii Sodales are said to have 
suggested the idea of the 

Sodales Augustales , first instituted A.D. 14, in honour of the deified Aimistus 
the number being twenty-five, of whom twenty-one were taken by lot from the 
leading men of the state, and Tiberius, Drusus, Claudius, and Germanicus were 
added to make up the number (Tacit. Ann. I. 54.) Similar Colleges were insti- 

tated j n ! lon ° ur 7 ° 7 f 0ther em P erors ’ so that w e read in inscriptions of Sodales 
Claudiales, Sodales Flaviales, Sodales Titiales Flaviales, SodalesHadrianales, 

1 In addltl °? 10 these . Corporations, we find that a single individual priest 

also was sometimes nominated, who, under the title of Flamen Augustalis , 
devoted lnmself to similar duties. 2 J 

General Remarks on the Roman Priests. 

Several points connected with the Roman Priests deserve particular attention. 
Some of these can be inferred from the statements made above, but it may be 
useful to exhibit them in one view. J 

1. 1 hey did not.form an exclusive class or caste, nor was any preliminary 
education or training requisite. Persons were elected at once to the hidiest 
offices in the priesthood who had never before performed any sacred duties. 

2. hacred and Civil offices were not incompatible, but might be held together. 

j.. vvvtt 111 ? x Cra ! su £ bein g Pontifex Maximus, was also Censor in B.C. 210 

R P V ’ n- 6 iw^ a ^\ Pict f: V f Praetor and Flamen Quirinalis in 
rfO. 189, (Liv.XXXYII. 50;) and of the two Consuls in B.C. 131, P. Licinius 

ManiaUs™ * S ° Maximus > and L - Valerius Flaccus was Flamen 

3*. Tv ™ of the Wgter priesthoods might be held together. Thus Ti Sem- 
promus Longus was in the same year (B.C. 210) chosen Augur and also Xvir 
. acns faciundis , (Liv. XXYII. 6 ;) Q. Fabius Maximus, who died in B.C. 203 
was at once an Augur - and a Pontifex, (Liv. XXX. 26;) C. Servilius Genii- 

(Liv XL C 4o d ) m B ’ C ’ 18 °’ WaS both Ponti f ex Maximus and Xvir Sacrorum 
4. No qualification as to age was insisted upon. Mature years were, indeed, 

2 Tacif' Ann'l^A m°rf TV" A n V VI11 - 26R and note of 

7-H. Orelli. C. L L. 3m. 3649lS3W& WB1. 8 * Di ° n ^ LVL 45 ’ LVIII ‘ 12 * M. 


MINISTERS OF RELIGION. 


337 


at first required (Dionys. II. 21.) and for a long period, very yotrao- men 
were seldom chosen Thus in B.C. 204, we are told that Ti. Sempronius 
Gracchus was elected Augur—Admodum adolescens, quod tunc perrarum in 
mandandis sacerdotiis era* (Liv. XXXIX. 33. comp. XXV. 5.) Again, in B.C. 
Ub Q,. Iabuts Maximus Augur mortuus est admodum adolescens, prius- 
quam nllum magistratum caperet (Liv. XXXIII. 42.) In B.C. 180, Q. Fulvius 
was chosen Illuir Epulo while still Praetextatus , that is before he had assumed 
t e manly gown; and Julius Caesar was elected Flamen Dialis at the age of 
seventeen (Velleius II. 43. Suet. Iul. 1.) 

5. All the higher priests were originally chosen from the Patricians exclusively, 
Dut after the Plebeians had been by law admitted to the Pontificate and the 
Augurate, it is probable that all class distinctions were abolished, except in the 
case of the Rex Sacrijicus , the three Maiores Flamines, the Salii, and the 

irgines I estates, who were at all times necessarily Patricians, probably 
because none were eligible except Patrimi et Matrimi, that is, the children of 
parents who had been united by Confarreatio, (p. 251.) a rite which appears 
to have been confined to Patricians. 

6. It appears certain, that, originally, all priests were appointed by the Kings. 
In the earlier ages of the republic, the members of the four great Colleges, and 
probably of all priestly Colleges, were nominated by Cooptatio; but this system 
was, in all the more important Corporations, set aside by the Lex Domitia. The 
T estates, and perhaps some of the Flamens, were selected ( capiebantur ) by the 
Pontifex Maximus ,* some other priests were chosen ( creati ) by the Comitia 
Curiata. ; but in every case, formal admission or consecration was a ceremony 
never dispensed with, and since this could not be performed without taking the 
auspices, it was termed Inauguratio. Generally speaking, the Inaugurate 
followed the election as a matter of course, for if the auspices were unfavourable 
at first, fresh observations were made, and fresh sacrifices offered, until the Gods 
were propitiated. When Julius Caesar, however, was elected Flamen Dialis , 
his Inaugurate was stopped by Sulla. 

7. As a general rule, after a priest was consecrated, his office was held for 
life. In the Augurs, as stated above, the character was absolutely indelible; 
and we are assured by Pliny (H.N. XVIII. 2.) that the same was the case with 
the Fra Ires Arvales. Augustus, when he stripped Lepidus of all power, did 
not venture to deprive him of the office of Pontifex Maximus, which was retained 
by him, though in exile, until his death. One of the higher Flamens, how¬ 
ever, might be forced to resign, (Val. Max. I. 1. 4.) and the Flamen Dialis 
was at once disqualified by the death of the Flaminica. A Vestal also, when 
the thirty years of her service had expired, might unconsecrate herself, ( exaugu - 
rare se, ) and return to the world. 

8. In so far as formal precedence was concerned, the Rex Sacrificus ranked 
first; next came the Flamen Dialis; the Flamen Martialis was third ; the 
Flamen Quirinalis fourth ; and the Pontifex Maximus occupied the fifth place 
only. There is no doubt, however, that the Pontifex Maximus stood first in 
real power, and exercised authority over all the others. 1 

III. Worship of the Gods. 

The worship of the Gods consisted of two parts:— 

A. Prayers. B. Offerings. 

1 Festus s v. Ordo Sncerdotwn, p 185. Liv. II. 2. Epit. XIX. XXXVII. 51. Cic. Philipp. 
XI. a Tacit. Ann. III. 59. 


Z 


338 


RELIGION OF THE ROMANS—PRAYERS. 


A. Prayers. 

Prayers, for which the general term is Preces s. Precationes , might be either 
private or public, that is, they might either be offered up by individuals on 
behalf of themselves and of their friends, or on behalf of the community at large. 
Private prayers might be of a general character, simple requests for the favour and 
piotection of Heaven, (preces, ) or they might be thanksgiving for special benefits 
received, ( gratiarum actiones—gratulationes ,) or they might be appeals to the 
deity, entreating him to avert or stop some calamity impending or in progress 
(i obsecrationes .) When prayers had reference to the future, they were generally 
accompanied by a promise on the part of the suppliant, that, if his request were 
complied with, he would perform some act in return. A prayer of this descrip¬ 
tion was called Votum, the worshipper was said Vota facere—sascipere—nun - 
cupare—concipere—votis caput obligare, and to be— Voti religione obstrictus. 

. ien the prayer was accomplished, he became Voti compos , and at the same 
time Voti reus s. Voti damnatus , i.e. a debtor for his part of the obligation : and 

m discharging this debt he was said— Vota solvere—exsolver e — per solvere _ 

i addere exsequi Voto fungi , and was then Voto liberatus. It was not 
uncommon to commit a. Votum to writing, such a document being a Votiva 
labella , and to attach it with wax to the knee of the deity addressed : and 

hence Juvenal, (S. x. 55.) when speaking of the things which men chiefly desire, 
characterizes them as those 


Propter quae fas est genua incerare deorum. 

Public prayers, termed Supplicationes s. Supplicia , were offered in the temples 
thrown open for the purpose, or, occasionally, in the streets, and were addressed 
sometimes to one, sometimes to several divinities, according to the edictum of 
t le Senate, of the magistrate, or of the priest by whom they were ordained. 
Ihey might be either obsecrationes or gratulationes , and were not unfrequently 
combined with the feast called a Lectisternium. 2 J 

. Supplicatio n s often employed in a restricted sense to denote a public thanks¬ 
giving, voted by the Senate in honour of a victory achieved by a General at the 
head of his army and such a Supphcatio, especially towards the close of the 
republic, was very frequently the forerunner of a Triumph (Cic. ad Fam. XY. 50 
ihe period during which the festivities were to continue was fixed by the 
Senatus-Consultwrn, and was understood to bear a relation to the importance of 
the exploit and the character of the commander. In the earlier ages, one, two 
or three days were common ; upon the taking of Yeii the Supplicatio lasted for 
oui Senatus in quatriduum, quot dierum nullo ante bello, supplicationes 
decermt (Liv. V. 23.) Subsequently five days became not unusual, but towards 
the dose of the commonwealth we hear of Supplicationes extending to ten, 

• n ’ ! ven . F? °ity, and even fifty days. 3 On one occasion only was a thanks¬ 
giving of this nature decreed in honour of a citizen holding no military command, 


a rS^uch by°thrl e rfn P e l Ct in r th h e Un h g UP in dischar ^ of 

presented to commemorate his escape So iwf.ouf 10U ,/ , of dana ' er - arid afterwards 
Votiva carmina-Votin lucii -denote offerings of variousfinds promised *“ ra “ 

IP ^^f’/P/Uicati'aie* will be found in Livy e g III 7 V 21 VTT 2ft X" 

'« - XIV - "• XXVU - I- =3- XXX. 17. il: XXXI 8 vi' xx-VJ,??' £ 


presented to commemorate 
Votiva carmina—Voti ‘ 

Numerous Exam 
23. XXI 62 . XXII. 10 XXIV 
XL. 28. XLI 28. XLV. 2. 

C« S ef.B. g!Ti.' a lYaviI. 1 aSC 4 L.S* de Pr0V - ““ l0 - "• rh “'PP' XIV. 11. 14. 


RELIGION OF THE ROMANS—PRAYERS—OFFERINGS. 


339 


( togatus ,) of Cicero, namely, after the suppression of the Catilinarian con¬ 
spiracy. 1 2 

Forms observed in Praying.— When an individual was about to give 
utterance to a prayer, he covered his head with his garment, raised his right 
hand to his lips, (hence the verb adoro ,) made a complete turn with his body, 
moving towards the right— in ctdorcindo dextram ad osculum referimus totum- 
que corpus circumagimus 2 —and sank upon his knees, or prostrated himself to 
the earth, his face towards the East, or if in a temple, towards the sanctuary, 
and at the same time laid hold of the horns of the altar, or embraced the knees 
of the God. In the act of prayer the hands were turned up or down according 
as the deity addressed was one of the celestials, or belonged to the nether 
world. 

Words of the Prayer —The utmost importance was attached to the phrase¬ 
ology employed, because it was universally believed that the words themselves 
possessed a certain efficacy altogether independent of the feelings entertained by 
the suppliant. Hence, when a magistrate was offering up a public prayer for the 
whole community, he was usually attended by one of the Pontifices who dictated 
(praeire verba ) the proper expressions, for any mistake in this respect might have 
entailed the wrath of heaven upon the whole State. It was the practice to call 
in the first place upon Janus, as the power who presided over the beginning of all 
things; then upon Jupiter, as lord supreme; then upon the God or Gods 
specially addressed; and, finally, to wind up by an invocation of the whole 
heavenly host, or of all who presided over some particular department of nature, 
as when Virgil, at the opening of his Georgies, after naming the chief patrons of 
the labours of the husbandman, concludes by an appeal to— Pique Deaeque 
oinnes studium quibus arva tueri. Moreover, when a God had several titles, 
these were carefully enumerated, lest that one might have been passed over in 
which he principally delighted— Matutine pater , seu lane libentius audis —and 
the person who prayed usually guarded himself against the consequence of 
omission by adding— aut quocunque alio nomine rite vocaris — or some 
such phrase. 

B. Offerings. 

Offerings to the Gods may be classed under four heads,— 

1. Those which were of a permanent character, the Donaria of the Romans, 
the d’Jxd'/ifxciTcc of the Greeks. 2. Those which passed away and were 
destroyed at the very moment when they were offered to the deity, such were 
properly termed Sacrijicia. 3. Banquets ( Epulae. ) 4. Games ( Ludi. ) 

lOomaria.— These were gifts presented to the Gods and deposited in their 
shrines, by individuals or by public bodies, or by whole nations, who thus hoped 
to give efficacy to their prayers, to display their .gratitude for benefits received, 
or to fulfil a voav. The things dedicated were of a very multifarious character; 
any object remarkable for its beauty, its rarity, or its magnificence, being 
regarded as an acceptable present. In this way the Temples of Greece and 
Rome, especially of the former, were crowded with gorgeous statues, pictures, 
tapestry, richly chased plate, and other costly works of art, while a considerable 
portion of the plunder gained in war was almost invariably disposed of in this 
manner. Frequently, however, Donaria possessed no intrinsic value, and served 


1 C'c. in Cat. III. 15. IV. 10. pro Sull. 30. in Pison 3. Philipp. II. 6. Quintil. II. 16. 

2 Plin. H. N. XXVIII. 5. comp. Plaut. Cure. I. i. 70. Suet. Vitell. 2. Macrob. S. III. 2. 


840 


RELIGION OE THE ROMANS—SACRIFICES. 


merely to commemorate some remarkable epoch in the life of the worshipper 
when he felt peculiarly called upon to acknowledge the power and sue for the 
protection of the God. Thus boys when they assumed the manly gown (Toqa 
Vinks) hung up to the Lares , the Bulla, which had served as an amulet to 
save their childhood from the terrors of the Evil Eye; maidens when entering 
upon womanhood dedicated their dolls {Pupae) to Venus; the shipwrecked 
sai or suspended his dripping garments in the shrine of Neptune, and fixed to the 
walls a picture representing his disaster; 1 while the convalescent who had been 
relieved from a grievous malady, placed in the temple of Aesculapius a Tabula 
Votiva, detailing the symptoms by which he had been afflicted, and the process 
ot cure or, if the affection had been external, a model of the diseased member 
executed m the precious metals. 

Dor,ana does not occur in the singular number. Judging from the analogy 
of Sacranum, Laranum , and similar words, it must signify properly a recep¬ 
tacle for gifts , that portion of temples set apart for gifts, the ^aavnoi of the 
Greeks, and m fact, in the purest authors it is employed in the general sense of 

mTfr *:%'— uris = Im P arib us ductos alta ad donaria currus 

III 335 ) ’ _ ^ tUa COntu J imus manibu s donaria puris (Ovid. Fast. 

Sacrificia— Sacrifices, properly so called, may be divided into two classes, 

according as the objects offered were inanimate or animate, that is, bloodless or 
bloody sacrifices. ’ 

Bloodless offerings consisted for the most part of the first-fruits of the earth 
{frugumpnmitiae,) of flowers, cakes, (liba,) honey, milk, wine, salt, and above 
ai, lankmcense,. (tus : ) for without the perfumed smoke arising from fragrant 
gums no sawed rite was regarded as complete and acceptable. 

Bloody offerings consisted of animals of all kinds, which were put to death 
with cei tarn solemnities, and were comprehended under the general designations 

tl!T ae ° r ?° Stl T TheSe Were usua % the ordinary domestic animals! 
oxen, sheep, goats,. and swine, but various other living creatures were offered 

and even human victims, m the earlier ages at least of Greece and Borne, were 

by no means uncommon. Full grown victims, such as bulls, cows, rams ewes 

boars, and sows, were termed Hostiae Maiores; those which had not come to 

Sg r il’12 Liv XXH P r dS i ° r 7 - Un f Pi§ ' 8 ’ H ° Stiae lactentes ( Cic - de 

T* * t XI V;) Partlcular animals were believed to be particuhrlv 

giateful to particular Gods; the bull, for example, to Jupiter the goat to 

Bacchus, the sow to Ceres, the ass to Priapus, and a knowledge of all matters 
connected with the sex, age, colour, and other circumstance S g which re“ tod 
each victim an appropriate offering to the power which it was wished to nro- 

departn ; ent , of P ries % lore— lam. illud ex vnstUutis 
aT&n • Haruspicum _ non mutandum est , quibus liostiis immolandum cui- 

only one animal was sacrificed at once, but sometimes large numbera of Same 

claims figurative’]y— d^e°TaAu^a 'r Fh tf »>!/ ° n ,? SCap ° fr ° m danger of another kind, ex- 
Vestimenta marts Deo. C. I. v. 13 . VU P aries m( h ca t uvida = Suspendisse potenti ~ 

Gr^mset^raeca^wer^ir ^or deV^o prop^tfate G^ds^^r 0 b ? in ? s - G ^ ot Galla, 
where similar rites had been performed at !n earier^ooh'S yyih , tbe , Forum Boarium 
of two of the soldiers of Julius Catoto M^fna^^ The immolation 

perhaps to be regarded as an exercise of militarydSnlino lon Cassius, (XLII. 24,) ought 
"ather than as a sacrifice in the proper acceptation of the term. eited Wlth awfui solemnities. 


RELIGION OF THE ROMANS—SACRIFICES. 


341 


kind, as in the kxuTopfi* of the Greeks, sometimes several of different kinds, 
as in the sacrifice offered by the Romans whenever purifications took place upon 
a large scale, and called Suovetaurilia s. Solitaurilia , because it consisted of 
a sow, a sheep, and a bull. The animals selected for sacrifice were always such 
as were perfect in form and free from all blemish. Bulls and heifers destined for 
this purpose were usually set apart from the time of their birth (ctris servare 
sacros ) and exempted from all agricultural labours ( Hostiae iniuges—Intacta 
cervice iuvencae.) The victims commonly employed in the public solemnities 
in honour of Capitoline Jove were milk white steers from Umbria, and we find 
numerous allusions in the classics to the herds which fed on the banks of the 
Clitumnus, a region rendered famous by producing this valued breed of cattle 
(e.g. Iuv. S. XII. 13.) 

Forms observed in offering Sacrifice. — No important undertaking, 
whether affecting the whole community, public bodies, or individuals, was ever 
commenced without offering sacrifice, and hence the division into Sacrificia 
Publica and Sacrificia Privata. We shall describe the various ceremonies of a 
Public Sacrifice when offered on behalf of the State, many of these being, of 
course, omitted or modified in domestic and private worship. 

The persons actively engaged were— 

1. The individual by whom the sacrifice was offered, who would in this case 
be one of the Consuls, a Praetor, a General about to set out on foreign service, or 
some other high official personage, acting as representative of the people. 

2. One of the Pontijices , and, in the case of sacrifices to Iupiter, Mars, or 
Quirinus, one of the higher Flamines , by whom the performance of all the rites 
would be directed and superintended. 

3. Various assistants of the Pontifex , termed Victimarii, Popae, Cultrarit, 
&c., -whose duty it was to bring the victim up to the altar, to slaughter and 
dismember it, and to perform all the menial offices. 

4. An Haruspex to inspect the entrails. 

5. A Tibicen to play upon the flute during the progress of the rites. 1 

6. A Praeco. 

7. In certain cases the officiating priest was assisted by a Camillus, i.e. a 
free-born youth, the son of parents who had been united by Confarreatio , (puer 
patrimus et matrimus ,) p. 251. 

On great occasions, in addition to the ordinary crowd, there would be a throng 
of Senators, magistrates, and other dignitaries. 

All who took a part in the performance of the rites -were required previously 
to purify themselves by bathing in a running stream, to appear in fair white 
garments, wearing on their brow r s chaplets ( coronae ) formed from the leaves of 
the tree or plant believed to be most acceptable to the deity at whose shrine the 
act of homage w r as performed. All the priests present wore on their heads the 
sacred band of white wool, (infulafi) wreathed round with white ribbons, ( vittae ,) 
and a similar decoration w r as attached to the victim and to the altar. When all 
things were ready, the public crier ( praeco ) commanded the assembled multitude 
to preserve a solemn silence, (ut Unguis faveret ,) the persons offering the sacri¬ 
fice washed their hands in pure water, veiled their heads with their robes, in 
order that no ill-omened sight might meet their eyes, while the flute-player 
{tibicen) played a solemn strain, in order that no ill-omened sound might fall 
upon their ears. The victim, adorned with serta and vittae , and with gilded 

1 How indispensable the presence of Tibicines for the due performance of sacred rites 
appears from the whimsical story in Liv. IX. 30. 



342 


RELIGION OF THE ROMANS—SACRIFICES. 


horns, was now led up by the Popae gently to the altar, if possible with a slack 
distasteful to the Gods, and hence any reluctance on the nart of the animal 

diSaStlr/r; 1 ^ 

ctated b> the Pontifex; wine, incense, and the flour of Far mixed with salt 

ior^ ,\ SalSa - /r,,ffeS mk f C -> ™ e s P ri ” kkd upon itaTead! w?h the 

s Macte hoc vino et ture esto , x and a few hairs were cut off from between the 
( malleus ,) and then stabbed it with a knife (cnlter ) Tho Llnn/i . , . ’ 

SSXtSZi "E £■»“• 

the slaughtering of the victims and the solemn presentation oftT TT -? etWeen 
said to take place inter caesa et mrrcrtn of the . entrai ! s > were 

then made by the Pontifcr wlm c u r’ • n ^ 1 , er P ra J er or invocation was 
the word lllet CT«n«! S ? ,SmiSS . ed the mtdtit “ de ^ P™«mg 

Of the rites, fresh hbXns o?S t—ZZ 'Z f'FZ™ 

incense thrown upon the flames P ‘ P tte a tar ’ and a( ^itional 

c ttLSg ( t's cls&i ™ woZ$y„/:4 e 

The altar was placed upon SStSS’offtetZTtr* *5*“* by **• 
in white robes, and when he nravcd riGed 1 -° ’ v te s f cnficer was arrayed 

were, if possible, while nK d^ ,h„ B h ‘T 1S *° heaven 1 the ™tims 

the knife thrust in from above, (impoZaZ) Zhlond tUm U T rds ’ and 
altar, and the entrails alone were consumed “ d ™ S p01Ired npon the 

In sacrifices to the Gods of the NctW Wm-iA ct r • n „ , 
stances were, as far as possible reversed Th a11 these circum- 

night; the altar was nlnr>pri in’ +. i " a he ceremonies were performed by 

and prayed with his hands turned down-’ the* ®£? ficer WOre bIack garments, 
colour; when slaughtered the bead W o Q V e v * tims wei ' e alwa J s of a dark 
from below, (supponehatur,) the‘blood 

1 See Cato R. R. 132. 134, jqo o 0 „, r 

Hence the verbs Mactare and Immoi are oY irg ' ^- n ' 1 j 7 ' 641, Paul Diac - 8 v - M actus n 125 
a stream? ^ to sea ™er 


RELIGION OF THE ROMANS—SACKED UTENSILS. 


343 


whole animal was consumed, because it was held unlawful to turn to the service 
of man any object which had been devoted to the infernal powers. Even the 
libations were made in a different manner. In one case, the ladle {patera) 
w r as held with the palm of the hand turned upwards, ( manu supina ,) and the 
wine was poured out by a forward inclination; in the other, the hand was 
inverted, and the patera turned upside down,—the former act was termed 
Libare , the latter Delibare. 

Sacred Utensils. —We shall give a list of these, accompanied by illustrations 
of the different objects, some of which have been placed at the end of Chapters 

VIII. and IX. 

Acerra s. Turibulum s. Arcula Turaria. —The box in which incense was 
contained and brought to the altar. It must not be confounded with the Censer 
employed in Jewish rites, a vessel in which incense was consumed. Hor. C. 
III. viii. 2. Virg. Mn. V. 744. Ovid. Epp. ex P. IV. viii. 39. Pers. S. II. 
5. comp. Paul. Diac. s.v. p. 18. Cic. de Legg. 11.24. See (1) p. 240. 

Patera s. Patella signifies generally a fiat plate or shallow saucer ; but in 
connection with sacrifices denotes a ladle with or without a handle, used for 
pouring libations of wine upon the altar. Many paterae , formed of earthenware 
and bronze, have been preserved, and may be seen in all considerable collections. 
See (2) p. 240. 

Simpuvium s. Simpulum is defined by Paulus Diacon. s.v. p. 337, to be— 
Vas parvulum non dissimile cyatho , quo vinum in sacrificiis libabatur. It is 
very frequently represented on coins and other ancient monuments, and being 
always of small size, gave rise to the proverb, excitare fiuctus in simpulo , i.e. to 
make much ado about nothing. Varro L.L. V. § 124. et ap. Non. s.v. Simpu¬ 
vium p. 375. ed. Gerl. Cic. de Orat. II. 51. de Legg. III. 16. See (43) p. 240. 

Guttus. —A bottle with a long narrow neck, used for the same purpose as the 
patera and the simpulum. Varro L.L. V. § 124. Plin. H.N. XVI. 38. An 
excellent representation is given on the first of the two large coins engraved in 
the next page. 

Praefericulum is defined to be— Vas aeneum sine ansa patens summum , velut 
pelvis quo ad sacrificia utebantur. Festus and Paul. Diac. s.v. p. 248. 249. 

Adspergiltum is a word not found in any classical author, but is used by 
writers on antiquities to denote an object very frequently represented in connec¬ 
tion with Roman sacrifices, and which was evidently a sort of brush used for 
sprinkling. See (4) p. 240. 

Secespita , Culter , Securis, all denote knives and axes employed in slaughter¬ 
ing and disembowelling the victims. Several instruments of this kind, varying 
in shape, are frequently represented on coins and bas reliefs ; but it is extremely 
difficult to decide which of them was the Secespita , notwithstanding the defini¬ 
tion, unfortunately mutilated, of it given by Festus (s.v. p. 348.) after Antestius 
Labeo, and by Panlus Diaconus (s.v. p. 336.) Comp. Serv. Virg. Ain. IV. 262. 
and Sueton. Tib. 25. See p. 315. 

On the denarius of Nero, figured in page 
206, are represented a Simpulum , a Tripus , 
a Patera , and a Lituus, the first being 
generally regarded as the symbol of the 
Pontificatus , the second of XVviratus, the 
third of Vllviratus, and the fourth of the 
Auguratus. On the Denarius of Csesar, of 
which a cut is annexed, are represented a Simpulum , a Securis or Dolabra , 



344 


RELIGION OF THE ROMANS—SACRED BANQUETS. 

while on the reverse, the founder of a 
new colony is represented marking- out 
the holy circuit of the walls with a 
plough. (See pp. 4, 88.) 

On the first of the coins figured be¬ 
low, which is the reverse of a large 
brass of M. Aurelius, are represented a 
bimpulum, a Lituns , a Guttus, an As- 

On the second, which is the revere nf ’ a ‘ nc \ a r f l ^ ter or Secespita. 

is represented sacrificing at an nhir nl i w * 3 br ? SS Caligula, the Emperor 

a patera in his )2d and witf hJh a bef0r<! ‘, he f 0rt!c0 of a tem P'<b with 

of him is a i ca P ite in fcmt 

Camillas, bearing perhaps a PrZA’ ;“” g the vlctlm > a,ld at his side a 
i oumg, peinaps, a fraefenculum, or some such vessel. 





upon which the mndfo^portions^of the^^ ** ban ? nets and afc sacrifices, 
describing rich soil, declares ™ tims Were Iaid - as Virgil, in 

TTi'n io+* - t bic fertilis uvae, 

Hie laticis, qualem patens libamus et auro 
Inflayit quum pinguis ebm- Tyrrhenus ad aras 
Lancibus et pandis fumantia reddimus exta,— G, II. 191. 

an^afi^ther^peri^^alsc^* a ^sftermed the ^ani, 

tol. The statue of Jupiter ™ nZd 7 7” s wa f. s .P read in ‘ ha Capi- 
those of Juno and Minerva sat uni-io-h/ “ * e , 1U --f rec i ' I ?‘ n 8’ posture, while 
admitted to share in the bannuet 1 Mn ° U eaC !! Slde ° f him ’ Senators being 
bably of all *?.**?&* of man J Gods, pro! 

Pulvinaria , and it was not uncommon for the ^° nt f med couches °' r sofas termed 
or depression, to order the statues of* cm™ e Senat f ™ seasons of great exultation 
the couches in pairs Ld banol^ tl i ° r ? f a11 these deitie « to be laid upon 

during the ravages 

S x £5. k 



















RELIGION OF THE ROMANS—LECTISTERNIA. 


345 


m t le Sibylline books Duumviri sacris faciundis, Lectisternio tunc primum 
in urbe Romana facto , per dies octo Apollinem Latonamque, Dianam et Her- 
culem, Mercurium atque Neptunum tribus , quam amplissime turn apparari 
pater at, straits lectis placavere (Liv. Y. 13.)— Turn Lectisternium per triduum 
icioi inn, ecemviris Sacrorum curantibus. Sex pulvinaria in conspectu 
juere: loyi ac Iunoni unum: alterum Neptuno ac Minervae: tertium Marti 
ac eneri: quartum Apollini ac Dianae: quintum Vulcano ac Vestae: sextum 
fprcuno ac Cereri (Liv. XXII. 10. B.C. 217 .)-!» fork publicis ubi Lectis- 

59 ^BC l ? 79 1 )^ e ° rWm ca ^ ia ' > r l uae * n erant , averterunt se (Liv. XL. 

The above passages, it will be observed, all refer to extraordinary solemnities 

™ 0cciurence ’ ^ or although the first Lectisternium was celebrated in B.C. 
o J j, there were only three others during the next seventy years; (Liv. Y TTT 
7;/ woulcl appear that as early as B.C. 191, Lectisternia formed part 
ot the ordinary worship of certain Gods, and were going on during the greater 
part of the year— P. Cornelium Cn. filium Scipionem et M\ Acilium Gla- 
rionem Lonsules , mito magistrate Patres , priusquam de provinciis aqerent 
res atvinas facere maioribus hostiis iusserunt in omnibus fanis , in quibus 
Lectisternium maiorem partem anni fieri solet . . . «a omnia sacri- 
pcia laeta fuerunt, pnmisque hostiis perlitatum est (Liv. XXXYI. 1: the words 
printed m capitals occur again in XLII. 30.) 

l n SU , PPli r\° Wa ‘? fre( l uent lj combined with a Lectisternium; and it is pro- 

Dable that the latter is always implied when we meet with such expressions as_ 

JJecretum, ut quinque dies circa omnia pulvinaria supplicaretur (Liv. XXX. 

f’ omam ad omnia pulvinaria supplicatio decreta est (Cic. in Cat. Ill* 
U).)—JIiro certamine procerum decernuntur supplicationes ad omnia pul¬ 
vinaria (Tacit. Ann. XIY. 12.) 1 

Sellisternium. -Since it was the practice for women among the Romans to 
sit and not to recline at meals, when a banquet was presented to female deities 
alone, it was denominated not Lectisternium , but Sellisternium} 

tonvivium Publicum , a public banquet, was also a religious rite, connected 
sometimes with a Lectisternium , sometimes with other solemnities; but the 
expression is not always employed in the same sense. It occasionally signifies 
an exercise of hospitality on the part of all householders who prepared repasts 
threw open their doors, and invited all who passed by to partake. Thus Livv > 
after recording the first Lectisternium in the words quoted above from Y. 13’ 
proceeds Privatim quoque id sacrum celebratum est. Tota urbe patentibus 
lanuis , promiscuoque usu rerum omnium in propatulo posito notos iqnotosque 
passim advenas in hospitium ductos ferunt. Again, when we read (Liv. XXII. 

. , • Postremo Decembri iam mense ad aedem Saturni Romae 

immolatum est , lectisterniumque imperatum (et eum lectum Senatores straverunt) 
et convivium publicum— it may be a matter of doubt whether the Senate 
enjoined the citizens in general to keep open house, or voted a sum of money 
rom the public funds for a repast, of which all who thought fit might partake at 
that festive season. . Again, the Epulum Iovis , to which Senators were admitted 
might be regarded, in a restricted sense, as a Convivium Publicum ; and last^ 
the magnificent entertainments given in the forum or some temple by persons of 
wealth, especially towards the close of the republic, in which large bodies of 

Tacit. Ann. XV. 41. Festus s.v. Sotta, p. 298. Serv. ad Virg. jEn. 


346 


RELIGION OF THE ROMANS—GAMES. 


their friends, and sometimes the community at large, were the guests, fell under 
the head of Convivia Publica. These frequently formed part of funeral 
solemnities, ( epulum funebre ,) as, for example, that given by Q. Maximus on 
the death of Africanus, to which he invited the whole Roman people— Quum 
epulum Q. Maximus Africani patrui sui nomine populo Romano daret (Cic. 
pro Muren. 36;) and that in honour of P. Licinius Crassus, who had been 
Pontifex Maximus , of which Livy says (XXXIX. 46. B.C. 183)— P. Licinii 
funeris causa visceratio data , et gladiatores CXJLpugnaverunt, et ludi funebres 
per triduum facti, post ludos Epulum. In quo , quum toto foro strata triclinia 
essent , &c. So Julius Ctesar— Adiecit epulum, et viscerationem ac , post His- 
paniensem victoriam , duo prandia; (Sueton. Caes. 38 ;) and in Africa, upon 
the accession of Otho— Crescens Neronis libertus Epulum plebi ob laetitiam 
recentis imperii obtulerat (Tacit. Hist. I. 76.) 


Carnes, and their Classification. —Public Games ( Ludi ) formed an im¬ 
portant feature in the worship of the Gods, and in the earlier ages were always 
regarded as religious rites; so that the words Ludi , Feriae , and Dies Festi , 
are frequently employed as synonymous. Games celebrated every year upon a 
fixed day were denominated Ludi Stati. Such were the Ludi Romani s. 
Magni, held invariably on the 21st of September; the Megalesia on 4th 
April, the Floralia on 28th April* and many others. Games celebrated regu- 
laily every year, but on a day fixed annually by the public authorities, were 
called Ludi Conceptivi. Such were the Feriae Latinae. The Ludi Apolli- 
nares were Conceptivi from the period of their institution in B.C. 212, until 
BjC. 208, when they became Stati , being fixed to the 5th of July (Liv. XXV. 
12. XXVII. 2o.) Games celebrated by order of the Senate, of the magistrates, 
oi of the higher priests, to commemorate some extraordinary event, such as a 
victoiy, or to avert a pestilence, were called Ludi Lmperativi ,* those celebrated 
in fulfilment of a vow, Ludi Votivi. Entertainments of a similar nature were 
sometimes celebrated by private persons, especially at the obsequies of a near 
kinsman. Such were Ludi Funebres. Another classification of Ludi was derived 
fiom the place wheie they were exhibited and the nature of the exhibition j and 
this ve shall adopt in the following sections. Viewed from this point, they 
may be.divided into—1. Ludi Circenses , chariot races and other games exhibited 
iii a Ciicus. 2. Ludi Scenici , dramatic entertainments exhibited in a theatre, 
o. Munei a Gladiatoi ia, prize-fights, which were usually exhibited in an 
Amphitheatre. 


1. Ludi Circenses. 

These consisted, chiefly of Chariot Races, a species of contest in which the 
Romans took special delight from the earliest epochs. Tradition declared that 
Romulus celebrated in this manner the Consualia , (p. 323,) and he is said to 
have instituted also, m honour of Mars, the horse races called Equiria, , which 
continued down to a late period, and were held twice a-year, on the 27th Feb¬ 
ruary (ILL. Kal. Mart.) and 14th March (Prid. Id. Mart.) in the Campus 
Martins, or, when this plain was overflowed by the river, on a flat space on the 
Coelian Hill, hence termed Minor Campus. 1 

Circus Maximus.— In order that such shows might be exhibited with greater 


1 Liv. I. 9- Dionys. I. 33. II. 31. Ovid. Fast. II. 857 III. 199 510 Ai^nn ^ * •• 

19. Tertullian. de Spectac. Varro L.L. VI. 20. Paul Diac. s v Consualia S' L°|* J f — 18 
p. 81. s.v. Martialis Campus, p. 131. Serv. ad Virg. ASn. VIII. G35. ’ P ' 41 ‘ S ' ’ E U ulna * 


GAMES OF THE CIRCUS. 


347 


magnificence, Tarquinius Priscus formed the Race Course, ever after distinguished 
as the Circus Maximus, in the hollow between the Palatine and Aventine 
called the Vallis Murcia , and surrounded the space with scaffolding for the 
convenience of the spectators. The Circus of Tarquinius, which must have been 
repeatedly altered and repaired under the republic, was reconstructed upon a 
grander scale by Julius Caesar; and almost every succeeding emperor seems to 
have done something either to increase the splendour of the edifice, or to add to 
the comfort of the public. 1 

Tarquinius, we are assured, not only constructed the Circus, but first arranged 
the shows m a systematic form, and introduced gymnastic contests, the performers 
havmg been brought from Etruria. He also instituted a new festival in honour 
of Jupiter, Juno, and Minerva, which was observed with great pomp every year 

the games represented being styled emphatically Ludi Romani , or Ludi Maqni 
(Liv. I. So.) J 

Since the first Circus was. constructed by Tarquinius, the name of Ludi Cir- 
censes first arose at this period; and thus the Ludi Romani instituted by him 
are frequently termed xut i^o^v, Ludi Circenses. But there were a great 
many other festivals during which games were exhibited in the Circus, and 
which, although altogether distinct from the Ludi Romani , were with equal 
propriety termed Ludi Circenses. Thus Ludi Circenses were exhibited during 
the festivals of Ceres, ( Cerealia ,) of Apollo (Ludi Apollinares,) of Cybele^ 
C Megalesia s. Ludi Megalenses,') of Flora, ( Floralia ,) and many others. 

_ General Form of tbe Circus. —The most complete account of the Circus 
Maximus is to be found in Dionysius (III. 68.) It is to be observed, that 
although he refers the first construction of the Circus to Tarquinius, his description 
relates to the appearance which it presented in his own times. The substance of the 
passage in question is to the following effect: “ Tarquinius formed the greatest of 
all the Circi, that which is situated between the Aventine and the Palatine. . 

This work was destined in the course of time to become one of the most beautiful 
and wonderful structures of the city. The length of the Circus is three stadia 
and a half, (about 700 yards,) and the breadth fourplethra; (about 135 yards;) 
around it, along the two greater sides and one of the lesser, a trench (. Euripus ) 
has been dug for the reception of water, ten feet in breadth and in depth, and 
behind this trench a triple row of covered porticoes, one above the other, has 
been built. The lowest of these has stone seats, like those in the theatres, of 
small elevations, but the seats in the upper porticoes are of wood. The two 
larger sides of the Circus are brought together and unite, being connected by 
one of the shorter sides, which is semicircular in shape, so that the three form 
one continuous portico like an amphitheatre, eight stadia (about 1620 yards) in 
ciicumference, sufficient to contain 150,000 persons. But the remaining smaller 
side being left uncovered, contains starting places arched over, which are all 
opened at once by means of a single barrier. There is also another covered 
portico of one story, wdiich runs round the Circus on the outside, containing 
workshops and dwelling houses above them. Through this portico, beside each 
workshop, are entrances and staircases for those who come to see the shows, so 
that no crowding takes place among so many tens of thousands passino- in and 
coming out.” 

Reserved Seats. —According to the description given in Dionysius of the 

lxviilV 5 ' Di ° nyS ' 111 C8 ' PHn * HN ’ XVL 2i ‘ Suet Iul 39, Dom - 5 - Dion Cass - 


348 


GAMES OF THE CIRCUS. 


Cv cus Maximus as constructed by Tarquinius, each of the thirty Curiae had a 

if Slg ??. d fV 4 *. an . d from these the PIe beians must have been excluded. 
Alter all political distinctions between the different orders in the state had dis- 

Ktl^n 1 ! Pe ? e f S n m tv haV l e ,® at P romi scuously, until Augustus ordained 
that the fi°nt seats at all public exhibitions of every description should be reserved 

tor Senators; and places were set apart for the Equites also at the Ludi Cir- 
censes by order of Nero. 1 

Area of the Circus.— The flat space encompassed by the porticoes was care- 

I lwfr i r“ g Strewed 7 th sand ’ was caIled ihe Aiena. The straight 

the mitrl TvwP fT T 8 termmate . d at one end had o™ large entrance in 
the centre, by winch the solemn processions filed into the interior. On each side 

intosmall IrchedT 6 T™ smal ' er ^ pening3 ’ {0stia 0 whicI > led from the outside 
o small arched chambers called Carceres , where the chariots stood before the 

commencement of the race. The Carceres were closed towards the Arena by 

that thir C orid he“fl™ 01 S ^ c f da ’ fastened b y a cross bai f and so contrived 
2,7 ?° u,d b ? ft “g open, all at once, and thus allow the chariots to dart 
fot ward with a fair start. The wall which contained the Carceres was orna- 
mented at the top with battlements, and from this circumstance is sometimes 

Lddtc?tf either e tlle Al 'f a ’ P^aHel ‘he two larger sides, but not 

riSt L a w - and T® t0 ‘he “ ba “d side than to the 

f. a Iow wall, the Spina. At each end of the Spina rose a group 

the Core” c! 3° t ,e togethe U these were tbe Metae - Between 

across thfrhcn , • - Me a ’ a straight line was drawn with chalk 

thTfon „f 2 «’ • 18 75 ™ sI / termed Alba Linm - Creta < Calx. » On 
e top of the Spina stood small frames or tables supported on pillars and 

werortet e mai ' Me “ the aha P e of eggs ortlphins CLmes 
vMni K* i the P‘ eees of marble, according to their form, Ova or Del- 

transported w, i Bgus . tu , s , awted “ . tbe Circus Maximus an obelisk which he 

The description of Dionysius, and what has been said in the last narafmmh 
will be more easily understood by referring to the ground plan in the nexfpaee* 
which is taken chiefly from a Circus of which considerable remains are still visible 
m the immediate vicinity of Rome, and which is commonly known as the Cffcus 
of Caracalla. Annexed to the plan are cuts from two large brass coins one of 
Trajan, m which we clearly distinguish the obelisk of A^gusTuthe ^eimaf 

Metae ' the Phn,a With it3 a " d the Temp “e 

^ In addition h representing one of the groups of Metae. 

stracted in the * d/ra ”“ s ’ ™ hear of the Circus Flaminius , con- 

the rs, r ri rata ^ mma by C. Elammius when Censor, B.C 220 • of 

sHr r ; ?r % stem 

eason to suppose that there was any variation in the general disposition of the 

2 ^ ct T av -4* 1 - Claud. 21. Ner. 11. Dom. 8. 

3 Cassiodor. 1. c’. § Ovid.'MetLifSvTi' o .P as ™? d0r - Var - nr. 51. 

17. Senec. Epp. CVIII. Hor. Epp.°L xvii. 79. XXXVI1, Plm * H,N> ym - 6a - XXXV 


GAMES OF THE CIRCUS. 


349 


different parts. Having therefore described the general form of a Roman Circus 
we may now proceed to give some account of the shows exhibited. 



A. The Arena. 

B. The Spina. 

C. The Metae. 

D. The Euripus. 

E. The Carceres. 




Chariot and Morse Races.— The most important and the most ancient 
portion of the shows consisted of Chariot Races. The chariots were drawn some¬ 
times by tour horses, ( Quadrigae ,) sometimes by two, ( Bigae ,) and sometimes, 
ough rarely, by three (Trigae.) There were races between mounted horses 
also, {Equi singulares ,) and occasionally each rider had two horses, vaulting 
from one to the other {Desultores—Equi desultorii .) When Chariot Races 
were about to begin, Desultores rode round the course to announce the com¬ 
mencement of the sports; and we learn from ancient monuments on which 
Liianot Races are depicted, that the chariots were frequently attended by riders 
w ose business was, in all probability, to give them assistance in case of any 
accident, and to cheer them on. 1 


Missus. Curricula .—The number of chariots which contended together in 
one race was always four, until the time ofDomitian, by whom it was increased 
to six. Each of these matches was termed a Missus, and the number of Missus 
in °ne day was regularly twenty-four, although in ancient times a twenty-fifth 
was added, and the cost defrayed by voluntary contributions. The four chariots 
bemg placed each in a separate Career , the signal for starting was given by 
the President of the Games, (Editor Spectaculi ,) who was usually one of the 
higher magistrates, by throwing down a napkin, (. Mappa ,) upon which the 
Kepagula were flung back simultaneously, and the chariots dashed out. They 


1 Dionya. VII. 73. Liv. XLIV. 9. comp. XXITI. 20. 
Domit. 4. Propert. IV. ii. 35. Cassiodor. Var. III. 51. 


Suet. Iul. 39. Tiber. 26. Claud. 21. 



































350 


GAMES OF THE CIRCUS. 


ran seven times round the Spina, keeping it always on the left hand ; and the 
chariot which first crossed the Alba Lima as it completed the seventh round was 
the conqueror. Each circuit was termed a Curriculum; and that no confusion 
might arise with regard to the number of circuits which had been performed, at 
the termination of each round one of the Ova or of the Delphini was placed on 
one of the Phalae , and then the spectators could at a glance perceive the progress 
of the race. It was of course a great object to keep close to the Spina and to 
turn round the extremities as sharply as possible. Hence the accidents which 
frequently happened by the wheels striking against' the Meta , (as in the famous 
description of a Chariot Race in the Electra of Sophocles,) and hence the phrase 
in Horace— Metaque fervidis evitata rods. It is almost unnecessary to add, 
«iftei what has been said in the preceding paragraphs, that although we may 
fairly render Car ceres by the starting post, we can never with propriety trans¬ 
late Meta as the goal or winning post. In modern racing there is nothing cor¬ 
responding to the Meta ; and in the Circus the Alba Linea was the goal. * 

Factiones Circi. —The drivers ( Aurigae — Agitatores — Bigarii— Quadrigarii 
—Factionarii ) of the chariots were distinguished from each other by the colour 
of their garments, one being always dressed in white, another in green, the third 
in red, and the fourth in blue. Hence, from the keenness with which different 
persons espoused the cause of the different colours, arose four parties or Factiones 
Circi, which were named respectively the Factio Albata, the Factio Prasina, 
the Factio Russata, and the Factio Veneta. The eagerness of those who 
favoured the contending colours frequently rose, as might be anticipated, to 
furious excitement and tumult, and on one celebrated occasion, at Constantinople 
in A.D. 532, produced the terrible riot and massacre known in history as the 
Nika sedition, in which upwards of 30,000 persons are said to have perished 
The progress of this appalling calamity has been depicted with terrible force by 
Gibbon (Chap. XL.) J 

When Domitian introduced the practice of making six chariots start in each 

Missus , two new Factiones were necessarily added, the gold and the purple_ 

Factio Aurata—Factio Purpurea; but these were soon dropped, or, at least 
not steadily maintained. 

It would appear that the Factio Prasina, the Viridis Pannus of Juvenal 
was the favourite of the greater number of the Emperors, and hence most 
generally popular. 2 

AflfalcJae. Gymnastic contests also formed a part of the Ludi Circenses , 
and as the Greeks had their tAvtccQxov, so the Romans combined the five chief 
exercises into a Quinquertium, 3 consisting of foot races, ( Cursus ,) leaping 
(Saltus,) wrestling, ( Lucta ,) throwing the quoit, (Disci iactus ,) and hurling 
the javelin (Iaculado.) Sometimes the group was varied, and boxin^ 
(Pugilatus) substituted for one of the above. Youths, from the earliest timeiT 
were in the habit of passing a portion of each day in the Campus Martins 
practising these manly sports, as well as riding (Equitado) and swimming’ 


1 Cassiodor. Var. Ill 51. Suet. Dom. 4. Ovid. Halieut. 68. Varro ap. Aul. Gell TTT in 

Cass e Lix I ‘ 7 XX Liv 5 Vl S T% 7 * Ge0 -5 g T - Ji L ,8 ’ who is ’ however, contradicted by Dion 

Cass. UIX. 7. Liv. XLI. 27. Dion Cass. XLIX. 43. Varro R.R. I. 2. luv S VI 58 S 

« s ''M al,,e 'V- S 8 ; Quintil. I. O. I. 5. Martial. XII. 29. Suet. Ner 22 ' b8 ‘ P ' 

* best. s.v. p. 257. The performers were termed Quinquertiones. 


GAMES OF THE CIRCUS. 


351 


( Natatio ,) while under the empire large courts called Gymnasia or Palaestrae 
were generally attached for this purpose to the great Thermae or public bathino- 
establishments. 

3L, " dus Troiae> —A sort mock fight performed by Patrician youths on 
horseback, well understood from the spirited description of Virgil (yEn. V. 545 
—603.) This show was said to have been instituted at a very remote period, 
was revived by Julius Cmsar, and cultivated under succeeding Emperors. 1 

JPiigna. Sham battles were also exhibited, in which infantry, cavalry, and 
elephants contended, the camps of the opposing hosts being pitched in the Area 
of the Circus. 2 

. IVai, ” lac,lia *—Sea fights ( Navalia Proelia ) were occasionally represented 
in the Circus, the Arena being filled with water. Julius Caesar, Augustus, and 
Domitian dug ponds for this special purpose near the Tiber; Claudius organized 
a magnificent Naumachia on the Lacus Fucinus; Nero usually employed an 
amphitheatre. Observe that Naumachia is used to signify not only the sea- 
fight, but also the lake or tank in which it took place. 3 

Venatio. —As the Roman arms extended to a greater and greater distance 
from Rome, the productions of foreign countries, especially strange animals, 
were from time to time shown off in public. Thus three elephants taken from 
Pyrrhus formed a most atti active spectacle in the triumph of Cunus Dentatus; and 
142 were brought over from Sicily in B.C. 251 by Lucius Metellus, and displayed 
in the Circus. The populace, however, soon demanded that the wild beasts 
should not meiely be exhibited, but that they should be matched against each 
other or against armed men; and to such contests the term Venationes was 
applied. The first Venatio , properly so called, took place at the games of M. 
Fulvius Nobilior, B.C. 186, after which they gradually became more and more 
frequent, until towards the close of the republic, no Ludi Circenses would have 
been considered complete without its Wild Beast Hunt; and Julius Cmsar found 
it necessary to cause the Euripus to be dug as a protection to the spectators. 
Under the empire, the great Amphitheatres were usually employed for these 
shows. 

The number of animals destroyed on many occasions almost transcends belief. 
In the second consulship of Pompeius, B.C. 55, 500 lions, 410 panthers and 
leopards, and 18 elephants, were killed in five days; Julius Cmsar turned 400 
lions loose all once; Caligula, at a festival in honour of Drusilla, caused 500 
bears to be put to death in one day ; and in the games celebrated on the return 
of Trajan from Dacia, 11,000 wild animals were butchered. 4 5 
^ Venatio Direptionis. —The elder Gordian, when Quaestor, planted the area 
of the Circus with trees, so as to resemble a forest, and turned loose a multitude 
of deer, wild sheep, elks, boars, and other kinds of game. The populace were 
then invited to enter the enclosure, and carry away whatever they could kill. 
His example was followed by Philip, by Probus, and by others; amusements of 
this description being styled Venationes Direptionis. 6 

1 Dion Cass. XLIII. 23. XLVIII. 20. LI. 22. Suet. Iul. 39. Octav. 43. Tib. 6. Cal. 18. Claud 
21. Nero. 7. 

2 Suet. Iul. 39. Claud. 21. Dom. 4. 

3 Dion Cass. XLIII. 23. XLVIII. 19. LX. 33. LXI. 9. LXVI. 25. Suet. Iul. 39. Octav. 43 
Tib. 72. Claud. 21. Dom. 4 Nero 12. Tacit. Ann. XII. 56. XIV. 15. 

4 Liv. XXXIX. 22. XLIV. 18. Plin. H N. VIII. 6. 7. 20. 40. Cic. ad Fam. VII. 1. VIII. 9. 

Sueton. Iul 39. Octav. 23. Claud. 21. Tit. 7. Dion Cass. XLIIL 23. LI. 22. LV. 10 LV1 25 
LXI. 9. LXVIII. 15. ‘ 

5 Capitolin. Gord. 3. 33. Vopisc. Prob. 19. 


352 


GAMES OF THE CIRCUS—DRAMATIC EXHIBITIONS. 


Rewards of Victory. —Branches of the palm tree were presented to the con¬ 
querors in the different contests, and also more substantial rewards, such as 
wreaths made of gold and silver wrought in imitation of leaves, sums of 
money, horses, silken tunics, linen vestments embroidered with gold, and the 
like. All these are frequently included under the general title of Palmae . 1 

Pompa Circi.—We have already adverted to the fact, that Ludi in general 
were regarded as religious rites ; and accordingly we find that the Ludi Circenses 
commenced with a solemn procession, which defiled from the Capitol, and passing 
through the Forum, entered the Circus Maximus. The principal magistrates 
headed this Pompa Circi , as it was called; youths on the verge of manhood, 
organised in bands as cavalry and infantry, followed ; next came the performers 
who were about to take a part in the sports; then numerous bodies of dancers 
and musicians ; and lastly the images of all the most important deities, carried 
on frames called Fercula , or in sacred vehicles called Thensae , preceded by 
men who bore incense boxes of gold and silver. After the various personages 
and objects composing this train had occupied the places assigned to them, the 
chief magistrate present, assisted by the higher priests, proceeded to offer 
sacrifice. When this was concluded, the shows commenced. 2 

2. Ludi Scenici. 

Origin and Progress of the Roman Drama. —Dramatic exhibitions were 
entirely unknown at Rome for nearly four centuries after the foundation of the 
city. But in B.C. 361, among other expedients for appeasing the wrath of 
heaven during the ravages of a pestilence, scenic sports— Ludi Scenici— were 
introduced from Etruria, the performers in which were termed Ludiones or 
Llist? tones , the latter word being formed from Hister , which, according to Livy, 
signified a Stage-Player in the Tuscan tongue. These entertainments were at 
first of a very simple nature, consisting solely of dances accompanied by the 
music of the flute. By degrees a sort of unpremeditated farce was added to the 
dance, but the art continued in a very rude state until about B.C. 240, when 
Livius Andronicus, a Greek freedman, introduced Comedies and Tragedies, trans¬ 
lated from his native language, and his example was followed by Naevius, 

J nmus, I lautus, Pacuvius, Accius, Terentius, and many others, whose pieces, as 
far as our knowledge extends, were all close imitations or adaptations of Greek 
originals, and this character was stamped upon the Roman Drama until the 
extinction of their literature. In addition to plays with regular plots, ( Fabulae ,) 
farces or interludes, called Mimi, abounding in practical jokes and coarse 
humour, found great favour with the public, and also Atellanae , (sc. fabulae ,) 
so called from Atella in Campania—entertainments indigenous in Southern 
Italy, m which the characters made use of the Oscan dialect, the dialogue 
being in a great.measure extemporaneous. These Atellanae were the only class 
o stage-pays in which a Roman citizen could appear as an actor without 
incurring Infamia. (p. 84.) Different from either of the above were the 
Pantomimic imported from Alexandria during the reign of Augustus. In these 
tliere was neither dialogue nor soliloquy, but a single performer undertook to 


\ X \ 47 * P1 * n . H.NT. XXI. 3. Suet. Octav. 45. Claud. 21. Vopisc. Aurelian 19 

- Dionysius has transmitted a detailed and very curious acoount r»f » r* • • 

ing?o restored Tanjuinius. ^ UP ° n the War against the Latin States « who were endeavour-’ 


DRAMATIC EXHIBITIONS. 


353 


represent in dumb show, by means of gesticulations alone, all the events of a 
complicated tale. 

Kotnau Theatre—Although formal dramas were exhibited in B.C. 240, 
and although such exhibitions necessarily imply the existence of a stage, of 
scenery, and of decorations, no attempt was made for nearly a century to pro¬ 
vide comfoitable accommodation for the spectators, who, unless they chose to 
recline upon the ground, must have been content with rough scaffolding. The 
construction of a regular theatre was first commenced in B.C. 155, but the work 
w r as stopped at the instance of Scipio Nasica, at that time Consul, and the Senate 
passed a decree sternly forbidding such effeminate indulgences. 1 2 A few years 
afteivvai ds, however, Lucius Mummius, the destroyer of Corinth, vanquished the 
prejudices of his countrymen, for among the various shows which enlivened his 
Tiiumph, a drama was performed for the first time, in a theatre erected after the 
Gieck fashion. (Tacit. Ann. XIV. 21.) This, it must be observed, and all 
Vt Inch followed it for nearly a hundred years, were merely temporary structures 
foimed of wood, which, although frequently of enormous size and splendidly 
ornamented, were erected for a particular occasion and demolished as soon as the 
holiday was over. 

The first permanent theatre was the work of Pompeius Magnus after his 
return from the Mithridatjc War. (B.C. 61.) It was built of hewn stone, 
upon the model ^of one which he had seen at Mitylene, and calculated to hold 
40,000 persons." A second, the work of Cornelius Balbus, was opened a few, 
years after the battle of Actiiun; and a third, the most splendid of all, still a 
noble ruin, (see page 45,) bore the name of the amiable Marcellus, the 
nephew of Augustus. These are constantly alluded to as the three theatres of 
Rome, are mentioned repeatedly both singly and collectively, and the number 
was still the same in the reign of Nero; but we must take into account also the 
temporary structures, of which several, as we are informed by Vitruvius, were 
built up and pulled down every year. 3 

Arrangement of the different parts of a Roman Theatre. —With regard to 
the internal economy of the more ancient temporary structures we can know but 
little, but a description of two of the most remarkable, one the work of Scaurus, 
the step-son of Sulla, when Aedile; the other, erected by Curio, who perished in 
the civil wars of Ctesar and Pompeius, has been transmitted to us by Pliny, and 
is well worthy of attention. (H.N. XXXVI. 15.) In so far as the permanent 
theatres of stone are concerned, notwithstanding the information contained in 
the works of ancient writers upon architecture, and frequent allusions to the dif¬ 
ferent parts in the ordinary classics, antiquarians found, for a long period, much 
difficulty in adjusting the details, none of the existing ruins being sufficiently 
perfect to resolve some important doubts. By the discoveries at Pompeii, where 
two theatres and an amphitheatre, all entire, have been excavated, every difficulty 
has been removed as to the disposition of the different parts. 

A theatre, ancient or modern, may be conveniently separated into two 
divisions,—1. The part devoted to the spectators. 2. The part devoted to the 
actors. The former was comprehended under the general name of Cavea , the 
latter under that of Scena. 

The Cavea was semicircular, and consisted of steps— Gradus —of stone or 

1 Liv. Epit. XLVIII. Val. Max. II. iv. 2. Velleius, I. 15. Appian. B.C. I. 2S. Tertul- 
lian. de Spectac. 10. Augustin. C. D. I. 31. 

2 Tacit. Ann. XIV. 20. 21. Plut. Pomp. 52. Plin. H.N. VII. 3. 

3 Ovid. A. A. III. 394. Trist. III. xii. 23. Tacit. Ann. III. 64. 72. 

2 A 


354 


DRAMATIC EXHIBITIONS. 


marble, rising in succession one above the other, each row being of course 
farther removed from the stage than the one in front of it. In order that the 
spectators might gain easy access to the different parts of the house, and 
might enter or retire without confusion—no easy matter when thirty or forty 
thousand persons were present at one time—the rows of steps or seats were 
divided at intervals by broad passages, called Praecinction.es , running round 
the whole semicircle. These compartments were again divided into smaller 
spaces by staircases— Scalae —converging towards the centre, these Scalae 
cutting acioss the Gvadus , which formed the seats, and dividing them into 
wedge-shaped compartments, which were termed Cunei. The various Prae- 
cinctiones and Scalae communicated with apertures called Vomitoria , which 
led to the porticoes, which, rising story above story, ran round and encom¬ 
passed the whole building. 

The Scena consisted of the Scena in a restricted sense, answering to the modern 
Scene, and the Pulpitum or stage. The scene itself, in accordance with a 
critical canon observed with much solicitude by the Grecian dramatists, was 
very rarely changed during the course of the same play, although the Scena 
Versatile the turning scene, and the Scena Ductilis , the shifting scene, were not 
altogether unknown. The Pulpitum again was divided into the Proscenium or 
space m front of the scene, where the actors stood while actually engaged in the 
business of the play, and the Postscenium , or space behind the scene^o which 
they retired when they made their exits. 

Orchestra.— -We have as yet said nothing with regard to the semicircular 
area, included by the straight line which bounded the stage in front and the 
first row of the ascending steps. This was the Orchestra , and the purposes to 
which it was apphed constitute the principal distinction between the arrano'e- 
ments of the Grecian theatres and those of Italy. Orchestra is derived directly 
from OMMfab (to dance,) and in the Greek theatre this space was always 
occupied by the Chorus , which formed such a conspicuous feature in Greek 
Tragedy and m the old Comedy of Athens. Here the individuals composing 
the Chorus performed their sacred dances; here they chanted their songs! 
and whilst the different characters were conversing, the leader of the Chorus 
<ie Coryphaeus, stood upon the altar, (fop-sAn.) which rose to a level with 
the stage observing the progress of the action, and ready, as their representa¬ 
tive to take a part in the dialogue. On the other hand, in Homan Comedy, 
which was derived from the New Comedy of Athens, there was no Chorus ; 
and in Roman Tragedies, both the Chorus and the musicians were placed upon 

le stage itself, so that the whole of the Orchestra was left vacant for the 
spectators. 

On the next page we have given a ground plan of two theatres; the first has 
been delineated from the descriptions handed down by Vitruvius and other ancient 
writers; the other represents one of the theatres actually excavated at Pompeii 
Reserved Seals.— All ranks sat promiscuously until B.C. 193, when the elder 
v.cipio Afncanus passed a law by which places separate from the rest of the 
spectators were assigned to the Senators, and when regular theatres were con¬ 
structed, the Orchestra was set apart for their use. In the year R C 68 a 
certain L. Roscius Otho carried a bill {Lex Roscia ) in terms of which fourteen 
rows of benches, immediately behind those of the Senators, were made over to 
the Equites; and although the first attempt to enforce this measure occasioned a 
riot, winch was with difficulty quelled by the eloquence of Cicero, the distinction 
t lus mtl oduced was maintained; and to say that a person sat upon the fourteen 


DRAMATIC EXHIBITIONS. 


355 



* 

benches, (in quatuordecim ordinibus sedere ,) was equivalent to an assertion of 
his equestrian rank. 1 



1 Cic. pro Muren. 19. Ascon. in Cornelian, p. 79. ed. Orelli. Plin H.N. VII. 30. Macrob. 
S. II. 19. Plut. Cic. 13. Hor. Epod. IV. 15. luv. S. Ill, 154—159. 



































































































356 


DRAMATIC EXHIBITIONS—AMPHITHEATRES. 


Aulaeum, Siparium. Before a play commenced, or in the interval between 
two jeces, the stage was concealed by a curtain called Aulaeum or Siparium , 
which was not pulled up, as those in modern theatres are, when the performance 
commenced, but was drawn down under the stage, so that when Horace wishes 

to express that certain spectacles were sometimes prolonged for four hours or 
nioie, lie s^ys— 

Quatuor aut plures aulaea premuntur in horas. 

**_ e 'f curtam ls ke P l down , and therefore the exhibition continues for that 

lire,, .f Actors,— The actors (Histriones—Ludiones) in Tragedy always 
noie a boot called Cothurnus, (x.66 ojros,) which reached half-way up'the leg 
and almost to the knees, with a very thick sole to increase'the appal 

e t statin e of the^performer. The actors m Comedy always wore a thin slipper 
ca eel Soccus, and hence Cothurnus and Soccus are employed ficnmitively to 
deno e respectively Tragedy and Comedy. Thus Horace, when%Sg of 
1 nlea sme (hp- ad Pis. 80.)— Hunc Socci cepere pedem grandesnue Co¬ 
thurni; and again Grande munus Cecropio repetes Cothurno (C. I] ? i 11 f 
Indignatur Uempnvatis aopropeSocco^mgnis carminibus narrari 'coma 

anneareT S ? Pl c the othw ha " d - the Mimes (llZ™ 

appeared with bare feet, and hence were termed Planipedes, and the farces 

t lemselves Plampedme . 2 All classes of actors alike concealed their features 

to c m-fv bifhl- 0 ? 0 ! 0 BWch were with still! so as 

wearei' features ’ a S eneral Mea of the character represented by the 

bettr? , rr- I f W!I 1 be , . c 1 0nven!ent t0 ex P Iain here the distinction 
f.'/ ff Amphitheatre. The very name Amphitheatrum or 
^ ? ’ !- e - a , douUe theatre, or a theatre all round , is almost enouo-h 

If ne suppose the whole of the Cavea, including the Orchestra , of one theatre 

c!mes‘ to the earner C a ™ the1 ' th , eatre of the same d ™ensions, or, which 
comes to the same thing, if we suppose the semicircular rows of Gradus instead 

f being terminated by the straight line which bounded the Pulvitum to hp 

continued round along with their *Praecinctiones, Scalae, Cu^C^Vt Jov 

A 80 as t0 . complete the circle, we shall forai an accurate idea of a Roman 

Amphitheatre, with this difference, that instead of being perfectly circular 

it was usually of an elliptical or oval shape. The spacelKtotad 

n ie Oi chestras of the two theatres, which we have supposed to be armlied to 

'no'rn T' rH theArena ’ bein ^ "with sT^and AisTas^the 
represented 'll wasTT to the was devoted were 

Esissilspss 


Observe that the words Mimi and Pantomimi denote alike the actor, and the entertain. 
Donat, de Comoed^et Trago?!) 1 ' ' Macrob - s - 11 1- Diomed. III. p. 487. ei Putsch. 


AMPHITHEATRES. 


357 


duced and withdrew. With regard to these combatants and the contests in 
which they engaged, we shall speak at length in the section on Gladiators. 

Amphitheatres, like theatres, were originally temporary buildings of wood. 
Such was the curious structure of Curio, to which we have already alluded; 
such were the amphitheatres of Julius Caesar, (Dion Cass. XLIII. 22.) and of 
Nero, (Tacit. Ann. XIII. 31. Suet. Ner. 12.) although a stone edifice of this 
description was erected in the Campus Martius by Statilius Taurus during the 
reign of Augustus (Dion Cass. XLI. 23.) But these and all similar works°sunk 
into insignificance when compared with the 
Colosseum , that stupendous fabric commenced 
by Vespasian and completed by his son, a me¬ 
morial of the triumphant conclusion of the Jewish 
war. It was upwards of 180 feet in height, one- 
third of a mile in circumference, and capable of 
containing easily 100,000 persons. 1 A sketch 
of the ruin as it now exists will be found in p. 

35; and we annex a cut taken from a large 
brass of Titus, struck probably to commemorate 
the completion of the pile. 

Below is a view of the Amphitheatre excavated 
at Pompeii, which will explain at a glance the 
general appearance and internal arrangements of such buildings. 




Vela .—The ancient theatres and amphitheatres, at least all of large size, w r ere 
open to the sky, and hence they w T ere generally surrounded by porticoes to which the 
spectators might retire in the event of a sudden showier. In order to afford shelter 
from the scorching rays of the sun, it was customary to spread an awning ( Vela) 
of white or coloured canvas over the whole of the interior; and on the outside wall 
of the Colosseum, rings hewn out of the blocks of stone which form part of the 
edifice, are still visible, which were destined to receive the tall poles by means 
of which these coverings w r ere supported. It was, of course, impossible, during 

1 A detailed account of the present state and original plan of the Colosseum will be found 
in the Beschreibung der Stadt Rome, referred to in page 1, and in almost every work des¬ 
criptive of the modern city and its ancient remains. An elaborate treatise on ancient 
amphitheatres in general, and on that of Verona in particular, forms the first volume of the 
Verona lllustrata of Maffei. 






















358 


gladiators. 


a high wind, to hoist or manage such an unwieldy expanse of cloth : and in this 
r? obliged to Shade themselves Vi/a sort of broad brimmed 
hat called a Causia, or to hold up parasols ( Umbracula .) 1 The hues thrown 
upon the stage, the performers, and the audience, by the coloured canvas 
afforded Lucretius an illustration of one of his doctrines 7 regarding colour • and 
in another place he endeavours to explain the orio-in of thunder hv mmmr;™ 

gust^ 011 ° f thG Cl ° UdS t0 the flapphlg ° f the awnin 2 when a ^ated 7 by a sudden 

rprfhr m °T‘ ^ issi } ia ' No cost was spared, during the last century of the 
lepubhc and under the empire, which could tend to increase the splendour of the 
exhibitions, or gratify the craving of the crowd for novelty. The Scene was over 
laid sometimes with silver, sometimes with ivory, sometimes with gold • all the 
lnsfrumerits used on the stage were formed of the precious metals Awhile in the 
amphitheatre the sand of the Arena was strewed with vermillion, the seats of the 
Pochum intertwined with golden cords, and the knots covered with amber- streams 
of water were introduced, which coursed between the seats, and diffused a Grateful 

Sparta „7rr red TV Stat " eS were *■£IX d“ 

eient parts ot the house, which were constructed in such a manner as tn rain 

sZ?£es mei ' To” t,le mp j tum a ! ,d the *P^ta‘ora, these showers being termed 

of the snorts Me 1 ‘"T" ° f , the multitade - llt conclusion 
01 me s p oits, htUe balls ot wood were thrown down (and hence the name Mi* 

M-fv ° m * e .“PP er s ‘?v, and scrambled for by thosebelow eachof fZ 
tssilia containing a ticket ( Tessera ) upon which was written the name of 
some object of greater or less value. Sometimes it wL merely a baste rf 

the small country towns as early as the latter half of the first century ■ for we 
find m one of the play-bills scrawled upon the walls of 
endeavouring to attract a large audience by proniisingTr^oLs t “ 

3. Munera Gladiatoria. 

as tL f0l,lest blot £ 

pairs, for the amusement of the spectators, until one for botlA nf thp * ^ 
batants was killed or diVihWl ti.L • • e e \ or Doth J ot tiie com- 

Passing on to historical times, the custom is said to hasten ported in^ 

1 Martial. XIV. 28 29. 

2 Lucret. IV. 73. VI. 105. 

s Plin. H.N. XXXIII. 27. XXXVII. 


11. Suat. Ner. 1 1 . Martial VIII. 7s. 


GLADIATORS. 


359 


Rome from Etruria, and the first example is afforded by Marcus and Decimus 
Brutus, who, in B.C. 264, matched together gladiators in the Forum Boarium , 
when celebrating the obsequies of their father— D. Junius Brutus munus gla- 
diatorium in honorem defuncti patris edidit primus . (Liv. Epit. XVI. Val. 
Max. II. iv. 7.) The practice from this time forward gradually gained ground. 
There were Ludi funebres in B.C. 216, at which twenty-five pairs fought, 
(gladiatorum paria duo et viginti ,) the same number in B.C. 200, and s?xty 
pairs in B.C. 183. 1 As the taste for these spectacles increased they were no 
longer confined to funereal rites, but formed a part of every important public 
solemnity, and were introduced occasionally even at private banquets. Julius 
Caesar at one festival presented three hundred and twenty pairs to the people, 
and Trajan, during the great rejoicings on his return from Dacia, which 
extended over one hundred and twenty days, matched together ten thousand 
gladiators. Attempts were made by various persons at different times to restrain 
the extravagance of private individuals, who were tempted by vanity or ambi¬ 
tion to lavish enormous sums on these displays. Laws were proposed and 
passed by Cicero, by Augustus, by Tiberius, and by other Emperors, to limit the 
number of fighters, and to check excessive expenditure, but these were neglected 
or repealed during the sway of worthless princes, and no attempt was made to 
interdict such exhibitions entirely until the reign of Constantine the Great. 
They were partially revived under Constantius, Theodosius, and Valentinianus, 
and finally suppressed by Honorius. 

Training of Gladiators. —It was natural that much care should be bestowed 
on the preparations for shows to which thousands looked forward with intense 
eagerness. Regular academies, called Ludi gladiatorii, or simply Ludi , were 
devoted to the instruction of these prize-fighters, in which the most important 
practical duties were committed to a trainer, called Lanista , by whom the 
Tirones , or undrilled novices, were instructed in the principles of their art, 
fighting with heavy wooden swords, called Rudes , while their bodies were 
brought into condition by regular exercise and nourishing food ( sagina gla- 
diatoria.) Many of these Ludi were kept upon speculation by Lanistae , 
who trained large bodies of men, whom they sold or let out for hire to those 
who were desirous of procuring recruits for public games. 

Class of persons who fought as Gladiators. —The most copious supply was 
at all times derived from prisoners of war, or refractory slaves sold by their 
masters to the Lanista. Malefactors also were occasionally condemned to fight 
as gladiators, and occasionally Roman citizens offered themselves voluntarily for 
hire, and to such the specific term Auctorati was applied, their pay being called 
Auctoramentum. Under the more worthless and dissolute emperors, Equites, 
priests, and senators did not scruple to contend in the arena, in the hope of 
attracting the attention and gaining the favour of the prince; and even high¬ 
born women were found who consented to pander to the appetite for novelty, by 
fiofhtinjx wfith each other or with dwarfs. 

Classification of Gladiators. —Gladiators were divided into classes according 
to the manner in which they were equipped, and were in many cases named 
from the nation whose characteristic arms they bore. The representatives of 
different nations were frequently matched against each other, and the compara¬ 
tive efficiency of their weapons offensive and defensive, was thus put to the test. 
The classes most frequently mentioned are— 


Liv. XXIII. 30. XXXI. 50. XXXIX. 46. comp. XXVIII. 21. 


360 


GLADIATORS. 


sbo^crookPrlTtf as 7 hrac f n e s ’ wi ? h a K & ht circuIar buckler (parma) and 
likethTSamni^f^old^T* 0 7 \^ a J > P l ^ es .' 1 J^ 0 ’ we c ™t doubt, were furnished 
even at ton f«n f ,- V ' r" Wltb a convex shield, ( scutum ,) broad and 

in ® to a noin Z7 f g - W ? e< 2 uali J the two sides gradually converg¬ 

ing to a point, (ad imum cuneatius ,) a wadded breast-plate (snonaia nertnri 

egumentum ,) crested helmet, (galea cristata ,) and with a weave on the left le er¬ 
as Gaulish ° Crea Jf ctl f m >' ) MirmiUones, a word of doubtful origin, equipped 

^jWiSSB&rsar - •' - “J ” • 

1 JwS wilh f? V ‘ de 1 Wit !! a , net aaculum-^-Rete) and a three-pointed spear 

twosB-OTds^jL?^ ! ha ’? the P reced! "g wer e Dimachaeri, who fought with 
instead of nets • hndabalae wbn * t0 * f ? etlarn ' but who llad lassos or nooses 

mmrnms 

St t f «H5»‘ » pairs, and all 

rushed together in a melee and such were ,,!™n /'■ ]’ ay of ran ‘ ,,y > a number 

: vir ena noT n1 ?/ 7 were 

tonal show, ehtrin~Jnsenumfo? the* aPP ' ! “' ^l t0 . d ^ a Gladia - 
between these displays and f n „e,.,i i COI l llecnon ''inch originally subsisted 
Munera, or " h,Ch w f e s P“ !ally ‘e™ed 

gift, bestowed by the magistrate or the nriL! e ™ ra ? ard , ed in %•>» of a 
were exhibited and who'rnWa i i py'ate individual at whose cost they 

Munerariu the lLerlZ ^ the title of Editor ( Spectaculi ) or 
Augustus, i ’ 6 tGlm haVmg bGen ’ aswe ar e told, first employed by 

abo™!Tn the ^ForumBoari?m andwt™/ ‘°° k P ,Me - “ stated 

tier with ftuieral rites they wo’nH l ^ were brought forward in connec- 

in some place of general ^resort When 11 ° eX f lblted near tlle funeral pyre or 

solemnities, they at first fought in tho * part , of £ reat public 

Amphitheatres were erected as & thp kiml ? V(\ U '\ ^ Iax * mus ' but subsequently 

Mode of Procedure wZ „ * a best adapted for these contests. 

J Jfroccdun.-V hen the day of the show had arrived, of which public 

1 iS app,ied a,S0 ’ th0u ^ h less f -quent ly> to gamc3 or shows in general. 


GLADIATORS. 


361 


notice was given some time beforehand, accompanied by a description of the 
number, names, and previous exploits of the combatants, (Libellus mnnerarius ,) 
the Gladiators marched m procession into the Arena of the Amphitheatre, and 
were there arranged m pairs, much pains having been previously bestowed upon 
matching individuals nearly equal in strength and skill. Their arms and equip- 
ments were then produced and carefully examined ; a prelude ( Prohmo ) followed, 
in which the parties fenced with wooden swords and pointless spears, exhibiting 
le graceful attitudes and dexterous evolutions which they had been taught by 
the Lcim^a. The strife then commenced in earnest upon a signal given by the 
Editor. As soon as a Gladiator succeeded in inflicting a decided wound on his 
adversary, he exclaimed in a loud voice, Hoc Habet—lt is a hit. If the injury 
appeared to be of such a nature as to disable the sufferer, and prevent him from 
continuing the fight, the Editor replied, Habet , and the life or death of the 
mounded man, who now held up his finger in token of submission, depended 
upon the pleasure of the president, who usually, as a matter of courtesy, referred 
it to the audience. If the man was a favourite, had fought well, and betrayed 
no symptoms of terror, the crowd testified their approbation by shouts and clap¬ 
ping of hands, and he was allowed to retire ; but if he had, from any cause, 
incurred their displeasure, they depressed their thumbs in silence, and the con- 
quei or , m obedience to a. look from the Editor, plunged his weapon into the 
body of the unresisting victim. The attendants then rushed in, dragged off 
tne corpse by a hook to an apartment called the Spoliarium, sprinkled fresh 
sand on the Arena, and new actors entered to perform like tragedies. 1 

with regar . d t0 various matters connected with Gladiatorial contests 
may be gathered from a very curious series of has reliefs discovered at Pompeii which are 
accurately delineated m the great work of Mazois, and in the Mweo BorbonZV 



Jupiter, Juno, and Minerva, in an ancient style of art, from a bas relief in the Capitol. 


































CHAPTER XI. 


THE ROMAN CALENDAR. 


• lu ac( ; ount of . the Roman Calendar, it will be convenient to discuss, 

m the Inst place, that portion of the subject concerning which our information 
is full and complete ; and then to pass on to the consideration of those points 
which are comparatively doubtful and obscure. According to this plan, we shall 
commence with an account of the constitution of the Julian Year * 

_ At the time when Julius Caesar attained to supreme power, 

o-r!a? a en c a - ^ ™ 0n Jv CaUSeS Which WlU be afterwards explained, fallen into 
great confusion The Dictator, therefore, resolved to reform the whole system, 

nhhntT bTff ven S d . m ast ™? m ^ with the aid of Sosigenes, a peripatetic 
philosopher of Alexandria and Flavius, a Roman Scribe, introduced B.C. 45, 

that division of time which, with a few modifications, is still employed by all 

Christian nations, and received from its author the name of the Julian Year. 

contfl^S ° r w ? en ° d betw f n . two vernal equinoxes, was supposed to 
contain o65j days ; but to prevent the inconvenience which would have arisen 

fra uT part r’ th f ee - years out of four were regarded as consist- 
mg of 3Go days, while every fourth year had 366 

north. Of <he JT-li-n Year. The Roman year had from a very early 

penod been divided into twelve months. This number and the ancien/names 

weie retained, but the distribution of the days was changed. By the new 

arrangement, Ianuanus , the first month, had 31 days ; Februarius 28 in 

3f m S^b- y T’ 2 ?- : 31 ; MUisJo-’MaiJ, 

' ’ 315 September ’ 30 ! Octoher, 31; 

In the year B.C. 44, Marcus Antonius, at that time Consul, proposed and 
earned a law by which the name of Quintilis was changed to IuliusJ in honour 
of Iuhus Caesar whose birth-day was on the 12th of that month • 3 and at a 

chwedto Auan\ B ' C h 8 ’ ^ fi piece ° f flattei ?’ the name Sextilis was 

firsTcol^ m CaU f he empei '° r had in that month entered upon his 
triunnZ i h Otp haC a< ? hievecl fome remarkable victories, and had celebrated three 
triumphs. Other prmces rejected, 5 or courted like distinctions. September 

R r T n e /vi inC1 £ al authorities a re Plutarch. Vit. Caes. 59 Dion Cassius XT TTT or a • 
SSii > 54 t ,P V . PMt m. 155. Sueton. Jul. 40. Plin H N XV II « Appmn. 

Macrob. S. I. 14. Anmrian. MarcelL XX VT l * * A. VIII. 2o. Censorinus 20. 

2 See Macrob. S. I. 16. *" ' * 

3 Macrob. S. I. 12 . fr ion Cass X LIY. 5 Aooian R r TT 

the LV ' 6 - Macr0bi “ s the decree of the Senate. 

& Sueton. Tib. 26. 


THE ROMAN CALENDAR. 


363 


was for a while known as Germanicus , J and October as Domitianus; 2 but 
while the names of July and August still endure, the others soon reverted to 
their primitive designations. 

Divisions of the Month.— Julius Caesar retained also the ancient divisions 
of the month by Ccilendcie , Nouae , and Idus. The Calendae fell uniformly 
on the first day of each month; the Idus on the 13th, except in March, May, 
July, and October, when they fell on the 15th; the Nonae were always eight 
(according to the Roman computation nine) days before the Idus, and therefore 
on the 5th, except in March, May, July, and October, when they fell on the 7th. 

Method of Dating.— When an event did not happen exactly on the Calends, 
Nones, or Ides of any month, they calculated the day by reckoning backwards 
from the next division of the month. Thus, if it happened between the Calends 
and the Nones, it was said to take place so many days before the Nones ; if it 
happened between the Nones and Ides, it was said to take place so many days 
before the Ides; if it happened after the Ides, it was said to take place so many 
days before the Calends of the ensuing month. 

In the second place, in making these computations, the day from which they 
reckoned was always included, as well as the day to which they reckoned. Thus, 
the 3d of January was called the third day before the Nones of January ; the 10th 
of March the 6th day before the Ides of March ; the 14th of June the 18th day 
before the Calends of July. We observe an analogy to this practice in the Scotch 
phrase, “ this day eight days the German “ acht Tage,” which alike denote a 
space of seven days; and the French “ quinze jours,” which stands for a fortnight. 

The form of expression was likewise remarkable. When an event took place 
on the Calends, Nones, or Ides, it was said to happen, Calendis — Nonis — 
Idibus Ianuariis —- Februariis , &c. or Ianuarii — Februarii , &c.; (sc. mensis ;) 
when it took place on the day before one of these divisions, then it was said to 
happen, Pridie Calendas — Nonas — Idus Ianuarias — Februarias , &c.; but in 
other cases the formula generally employed was, Ante diem tertium — quantum — 
quintum — sextum , &c. Calendas — Nonas — Idus Ianuarias — Februarias , &c. 
Thus the 31st of January was, Pridie Calendas Februarias; the 6th of March, 
Pridie Nonas Martias; the 12th of April, Pridie Idus Apriles; the 27th of 
April, Ante diem quintum Calendas Maias; the 2d of May, Ante diem sextum 
Nonas Maias; the 6th of June, Ante diem octavum Idus Iunias; the 15th of 
August, Ante diem decimum octavum Calendas Septembres. Sometimes, but 
less frequently, the preposition is omitted, and the numeral put in the ablative. 
Thus we find, Quarto Calendas Septembres , for the 29th of August; Decimo 
sexto Calendas Novembres , the 17th of October; Quinto Idus Decembres , the 
9th of December, and so on. In ancient monuments and old MSS., the words 
Ante diem are very frequently indicated by initial letters only, A.D., and the 
number by the Roman numeral—thus, A.D. IY. Idus Octobres ; A.D. VI. 
Calendas Decembres ; A.D. III. Nonas Novembres ; or farther abbreviated, 
A.D. IV. Id. Octob. ; A.D. VI. Kal. Dec. ; A.D. III. Non. Nov. The Ante 
diem , or its abbreviation, are often omitted altogether, and the numeral stands 
alone—IY. Id. Octob. ; VI. Kal. Dec. ; III. Non. Nov. 

Scaliger and others have attempted, with no great success, to account for the 
origin of the expression Ante diem tertium , &c. instead of what would appear 
to be the more natural form, Diem tertium (or, die tertio) ante. 1 2 3 However the 

1 Suetnn. Cal. 15. 

2 Sueton. Dom. 13. Macrob. S. I. 12. 

3 We have in Tacit. Ann. XII. 69, tertio ante Idus Octobres, but such a combination is rare. 


364 


THE ROMAN CALENDAR. 


phrase may have arisen, the combination ante diem appears practically to have 
een a formula, which was regarded as a single word, and hence we occasionally 
find another preposition prefixed to the ante . Thus Cic. Phil. Ill 8 —In ante 
diem quantum Calendas Decembres distulit, i.e. He put off (the meeting- of the 
Senate) to the 28th of November; and again, Ep. ad. Att. III. 17 .—De Quinto 

tr - lSt % neC I ar S vener c ant EX ante diem Non. lun. usque 
nf L ( 1 S k L Le * Fr ° m the Nones of June until the day before the Calends 
of September. Nay, we even meet with ante diem introduced adverbially where 

2 'f m Caes - B - ?• L n -ANTE quem diem iturus^TZ 
die, and the Greek writers translate the phrase literally, when computing time 

fountdlA “r- Tj™ Plutarch, tells us tha7£°e was 

rounded tj? sudsxcc M aim, i.e. 21st April 2 

Intercalation of .he Julian Year.—The day added every fourth year as 
explained above, was inserted in February, immediately after the fesM of the 
Termmaha, which fell VII. Kal. Mart. (23d February.) In such veil he 
6th day before the Calends of March (!>/. Kal. Mart.) was ideated Lee 

«»Ww hl °4 CU y CU ' riStance t he cla 7 inserted was termed Bissextum, 3 4 or Dies 
issextus, and the year itself Annus Bissextus. 5 The adjective Bissextilis 

C ° meS ^ .?°, de ? WOrd Bissextile ' is a barbarism. We find til 

Mart, the atter, or that nearest to March, was^ stricflylpeafaSofo„- 

ontin^h n ee!eTthet aS 6 illserted day 5 bl,t that ™ce these two days were 
ye of the law, any person bom on the inserted dav was in ordinary 

ITliN^alUan^: 1 M r■ as hisbirth - da P- while r^monZS 

. Kal. Mai t. m an ordinary year, was, in the Annus Bissextus to 
consider the former of the two days called VI. Kal Mart, as his birth-day ’• 

The edict published by Julius Csasar which explained the chances introduced 
and pointed out the steps to be followed, in order to secure rSrity forthe 

on tile lsHf JanZv B p e jT eS r Cl ambi S l,ousl y-. The Era commenced 

r „ anuary, B.C. 45 , Caesar was assassinated on the Ides of March 

the year following, and almost immediately after the Pontifices fell into an prmr 

arid inserted a day every third year, instead of every fonrtT^“contbued 

foi thirty-six years, in the course of which twelve days were added instead of 

nine when the mistake was rectified by Augustus, who gave “dm ti at the 

thirty-six years,whZthVtecUtdayZ Thus S'battZofAelhun tf' f 
we are told was fought on the 2d of September, V.a Sorely CZd on 

do^" 118 n Fr ° m i lie eai .’ Iiest times the Romans made use of a week of eight 
days. During seven days the husbandman devoted himself to his rural tots, 

1 Vit. Rom. 12. 

3 Censorin. 20. Aram. Mar. XXVI. 1 

4 Ulpian. Digest. IV. iv 3. 

6 Digert^fvffe’. 3 XIX ’ ad JanUar ‘ ^ See also M acrob. S. I. 14. 

JMacrob. S. I. 14. Phn, H.N. XVIII. 57. Sueton. Octav. 26. Solin. Polyh. I. 


THE ROMAN CALENDAR. 


365 


n^tinoi • f ' h "? pa,re<1 t0 the <% t0 transact business, and exercise his 
political privileges. These market days were called Nmdinae , a word evidently 

foimed fiom Nonus, because, according to the Roman method of computation 
,uy recmred every ninth day, nono quoque die. We have seen above (p. 113,) 

T Didh-Tth' 0 ' 98 ’ !! 1 ‘ ,w r wa f P ass «> by tbe Consuls Q. Csecilius MeteUus 
and T. Diduis thence called Lex Caealia Didia, which, among other provi- 

5““ ‘ h f evar y bill Should be exhibited for the inspection of the people 

whichZK t ay f >ef °n 6 ’* Was subm ltted to the Comitia. This space of time, 
ch could not be less than seventeen days, was from that time forward called 

Z'ZZrir-t Trmum N rf m r i Ti,e Nundime ™££* 

tile ! ’ was considered unlucky for them to fall upon the first day of 

C year, or upon the Nones of any month. 2 * Such coincidences were carefully 

C-rlend^Indp the infanc J the republic by the priests, who controlled the 
reform n l r S ° at , as B - C \ 40 ’ five years after the adoption of the Julian 
fhnmvL extraordinar y day w as inserted to prevent the first of January in the 
nvW £Z 6ar • T .? 0mC1 ^ n " With 0ne of the Nundinae, » the superstition 
, p A iof ? T 1Ved ’ - lfc WOuld seem ’ the circumstance that the war of Lepidus 
f b o. 7b) broke out m a year which commenced in this inauspicious manner. 

#K . \ e Jewish week of seven days ( Hebdomas ) was known to the Romans from 

♦T,? 1 Ta b 1 ut . was ; i0t generally adopted until after Christianity 
became the established religion of the State. J 

^ a :^r ti0tt ,! 1 f " ay9 --- We ma 7 now P^ceed to explain the epithets by 
which the days of the Roman year were distinguished individually, when con¬ 
sidered with reference to religion and the ordinary business of life. 

Dies Fasti were the days upon which the Courts of justice were open, and 
egal business could be transacted before the Praetor, the Dies Nefasti were 
those upon which the Courts were closed. Certain days were Fasti during one 
portion, JSefasti during another, 4 and such were named IntercisL (halved ) or 
according to the more ancient form of the word, Endotercisi. 

All days consecrated to the worship of the Gods by sacrifices, feasts, or 
games, were named Festi; those hallowed by no such solemnities, Profesti 
1 he holy days {Feriae, Festa ,) included under the general denomination of 
fiesti dies, were divided into two classes, Feriae Publicae , and Feriae Privatae 
the former celebrated by the community at large, the latter peculiar to particular 
clans, families, or individuals. The Feriae Publicae again were either, 

lenae Stativae, observed regularly every year on a fixed day, such as the 
lermmalia on the 23d of February, the Festum Annae Perennae on the Ides 
of March, and many others ; or, 

Feriae Conceptivae , observed regularly every year, but on days fixed by the 
priests or magistrates for the time being. Such were the Feriae Latinae , the 
oementiva , Compitalia , &c. There were also 
Fei iae Imperativae , extraordinary holidays, being for the most part days of 
supplication or thanksgiving, appointed by the magistrates on occasions of 


Liv. III. 33. Quintil. I. O. 


1 S e e Cic. Phil. V. 3. Ep. ad Att. II. 3. Ep. ad Fam XVI. 12. 

1J. IV. 35. 

2 Macrob. S. I. 13. Dion Cass. XLVIII. 33. See also XL. 47. 

this irre C gularity? Ubt ’ h ° Wever ’ that a day would be subsequently dropped to compensate for 

PraS7 0 iS 9 S V tJfw^Hf’ °Z h ' omf ' ri ' be . !n ? the days on which it was lawful for the 
fj a „ - i the words which expressed his jurisdiction. Thus Macrobius Sllfi — 

cum ho lliFoaZi/^r dler f Um fwbutdatn horn fas est, qnihmdamfas non est ius dicere. man, 

non St caedllur > J ari ne f as est: mter caesa et porrecta fari licet : rursus, cum adoletur. 


THE ROMAN CALENDAR. 


366 


national distress or triumph. We ought also to notice Dies Comitiales , days on 
wh ch it was unlawful to hold assemblies of the people, being for the most nurt 
such as were neither Fasti nor Festi nor Inter cisi & P 

Nor ought we to forget the Dies Atri , on which it was thought unlucky to 
undertake any business of importance. To this class belonged the day after the 
Calends, Nones, and Ides of each month, as we are told by Ovid. Fast. I. 57 
lacrobius gives a full account of the origin of this superstition (I 16 ) 

theTnnt^rof?LV?^ CentUrieS and a ' haIf after the foundation of the city, 
the knowledge of the Calendar was confined to the Pontifices alone, whose duty 

was regularly to proclaim the appearance of the New Moon, to announce to 

the people the days of the month on which the Nones and Ides would fall and to 

give not.ce of the Dm Festi, Fasti, Nefasti, and Comitiales Thesesecrets which 

might be,.nnd doubtless often were, employed for political ends, were at leno-th 

iy u ged m the year B.C. 314, by Cn. Flavius, (see p. 224. 328 ) who drew 

up tables embracing all this carefully-treasured information, and hrnig them up 

m the Forum for the inspection of the public. 1 From this time forward documents 

of t ns description were known by the name of Fasti , and were exhibited for 

general use in various parts of the city. They contained, for the most mrt an 

enumeration of the days of the year in regular order ; to each was attached a 

Atir &T iheZlr Fa 1 U , S ; Ne f aslus - Intercisus, Comitialis, 

+ ter &c., the position of the Nones and Ides, and different Festivals, was also 

laid down, and sometimes a brief notice of some great victory, the dedication of 
emp e, oi similar event, was added, especially in later times, when in this 
manner a compliment could be paid to the reigning prince. 

iese Fasti , m fact, corresponded very closely to a modern Almanac and the 
poem of Ovid which he entitled Fasti may be'consideredas ooeM Ye^l 
Bool, oi Companion to the Roman Almanac , according to the order of the 
Julian Calendar. All the more remarkable epochs are examined in succession the 
onginof the different festivals is explained, the various ceremonies described’and 

add f^ S Hkely t0 pr ° Ve USeM or int eresting to thereade^ 
Several specimens of Fasti, or ancient Almanacs, engraved on stone have been 

discoveied at different times more or less perfect, and copies are to be found in 
the larger collections of Koman antiquities and inscriptions. 2 

Upon a careful examination and comparison of the marks by which the da vs 
dl5tmgUIShe<1 “ fl ““ — 

38 days are marked,. v 

^ ~ .n 

5 t - :.n:p. 

f ~ Q. Rex C. F. 

o ~ Q. St. D. F. 

0 — en 

181 — . n 

17 . 

. Sine Nota. 

365 

is sSS&tet & 












THE ROMAN CALENDAR. 


367 


F. denotes Fastus; N. Nefastus; N. P. Nefastus priore, (parte,) that is 
JSeJastus in the early part of the day, and therefore we conclude, Fastus in the 
after part; F. P. Fastus priore , the converse of the preceding; Q. Rex C F 
Quando Rex Comitiavit Fastus; that is, Fastus after the Rex Sacrificulus 
has performed sacrifice in the Comitium , this mark is attached to the 24th of 
March and the 14th of May ; Q. St. D. F. Quando Stercus Defertur Fastus; 
that is, Sastus after the sweepings and other filth have been carried out of 
t le temple of Yesta and conveyed to the Tiber, a ceremony performed once 
a-year on the 15th of June, as we leam from Ovid and Varro: EN. Endo- 
tercisus; C. Comitialis. 

There is some difficulty in explaining the difference between the days which 
a\ ere N. P. and those which were EN. The Ides of each month were N. P. and 
most of the other days bearing this mark were sacred to different deities, while 
.those marked EN. do not appear to been hallowed by any solemnity whatever. 

The Fasti Just described have, to prevent confusion, been called Calendaria 
or Sasti Calendar es, and must be carefully distinguished from certain composi¬ 
tions also named Fasti by the ancients. 

1 hese w ere regular chronicles in which were recorded each year the names of 
the Consuls and other magistrates, together with the remarkable events, and the 
days on which they occurred. The most important were the Annales Maximi, 
kept by the Pontifex Maximus; but similar records appear to have been 
compiled by other magistrates, and by private individuals, and we find many 
allusions to works of this description, which must have afforded valuable mate¬ 
rials to the historian. 1 2 

In the year 1547, several fragments of marble tablets were dug up at Rome, 
w hicli were found to. contain a list of Cousuls, Dictators, Censors, &c. from the 
foundation of the city, until the age of Augustus. These were collected and 
adjusted as far as possible, and deposited by Cardinal Alexander Farnese in the 
Capitol,, from which circumstance they have been styled the Fasti Capitolini , 
and similar collections derived from different sources have received the names of 
Fasti Consulares, Fasti triumph ales, and the like. 


We may now turn our attention to the Roman Calendar as it existed in ages 
more remote, and to the different forms which it assumed before the Julian Era. 
Every part of this subject is involved in darkness and uncertainty, and the 
statements of the ancient writers, who appear to have been themselves very 
ignorant in such matters, are most perplexing and irreconcileable. 

Year of Romulus.— There can be little doubt that a year was in use among 
the Romans in the earliest times, and therefore denominated the Year of Romulus, 
which consisted of 304 days, divided into 10 months— Martius, Aprilis, Maius, 
Junius, Quintilis, Sextilis, September, October, November, December. Of 
these, March, May, Quintilis, and October, contained 31 days, the rest 30. 3 
That the month of March was originally the first in the year is sufficiently 


1 These expressions are not classical. 

2 See Hor. C. III. xvii. 1. IV. xiii. 13. S. I. iii. 112. 

3 Among the older historians. Licinius Macer and Fenestella maintained that the Romans 

from the first employed a solar year of 12 months, (see Censorin. 20. and Plutarch also 
Vit. Num. 18 ) that the number of the months was originally 12, and that the number of 
days in each varied from 20 to 35, the sum total being 300. But on the other side we have 
J " m “ s Gracchanus, Fulvius, Varro, and others, (see Censorin. as above,, to whom we may 
add Ov. Fast. I. 27. 43. Ill 99. 119. 151. Aul. Cell. III. 16. Macrob. S. I. 12 Solin Polyh 
I. ; all of whom speak without any doubt of the 10 months year. The number of days’in each 
month is given by Censonnus, Solinus, and Macrobius. J 


368 


THE HOMAN CALENDAR. 


p f ft fr T eS -° f , th T whl0h folIow June ’ name, y Quinlilis or the fifth 
the Slxth - September the seventh, and so on to December the 
, ' " ad( “ tl0 . n ’ “ft sacred rites and ancient customs long retained point to 

T.; 0n the first ° f March - the h0 'y fire wls renewed on the 
•dtar ot Vesta ; at the commencement of the month the old laurels were taken 

f?,ri r ° m a the ft ftftft houses of the Famines, and from the different 
the „!u - 'effaced by fresh branches; sacrifices were offered to Anna Perenna , 

ftTa ft ° f ft CU ' ClmS year; the salaries of instructors were paid ; the taxes 
Sftj and matrons gave an entertainment to the slaves, as the masters of 
families did on the Saturnalia, the object of the latter being to reward the 
domestics for their industry during the year that was past, of the former to 
stimulate their exertions tor the future. * 

The year of 304 days corresponds with the course neither of the sun nor of 

hunort 00n ’R n ? ft!’ 7 b J’P 0 . these ! have beeu formed with regard to its origin and 
ap ft; F fartbemast ingenious and profound of these, so ingenious indeed 
at It almost carries conviction, is the theory propounded by Niebuhr. He 
supposes it to have been employed along with a lunar year for the purpose of 
find 1 tlle 6 ° Iarand >nnar years coincide at certain fixed epochs, He moreover 
ds traces of it m history at a period long after it is generally believed to have 
fallen into disuse, and by its aid explains several of the chronological anomalies 

Zt “r ^ ft, eai1 ^ anl,als - H!s calculations areftoo ImiS 

researchts. a 0ped ^ b deserve the attentio11 of a11 “‘crested in such 

i-ear of Nmna._The year of Romulus was succeeded by a pure lunar vear 

naCe d sof d the a te C n r mo S tb t0 ft ft™ 1 ’” 8 tradition > b 7 Nunft who retained the 
the vodft.,1 l ft “'ready “ use, and added two more, Ianuarius , from 

expiatory' riteft Februanus ’ fro “ Februm, the deity who presided over 

xt The ‘^e'eng* 11 * 4 of a lunar month, that is, the interval between two successive 
New or Full Moons, is 29 days, 12 hours, 44 minutes, 2.87 seconds? a,Id bene? 
ft? ft lunai months contain 354 days, 8 hours, 48 minutes, 34.386 seconds The 

is said'Tv'Z ‘“ft ““ft of 854 da 7 s 1 hut Numa, influenced, it 

is^aid, by the virtue attributed to odd numbers,* added another to make up 

Nonae. Id..,.—Each month was divided into three periods bv 

ft ” d IdUS ■ The Cakndae “arked the first rf the month 

lo t? !!" 5 ft eve , m "S n P on which the slender crescent of the New Moon 

Moot Zftiftftift ‘ he tbe *** «“rter; the IduZeFuU 

til i p these terms must be explained. Macrobius lias preserved 

the record of the ancient practice (S. I. 15.) preserved 

. Pnsc . ls er 9° temporibus, antequam Fasti a Cn. Flavio scriba invitis natrihv ? 

" "ft nottl 'T Proderentur , Pontifici Minori baec ZSSST 

&r a Lftr pn ft m obs z varet ads P ectum • 

KTi ft. “ft , fiCW a - Rege 61 Minore Pontifice celebrate idem Pontifex 
Kalata, ,dest, TOCATA m Capitolium plebe iuxta Curiam Kalabram^me 

2 ftbutftltomari llhtorv ft! ? ri, l35 , se ') q „ p ftr<=h. Q- R 19. 
s Censorin. 20. SoUn 1 MalSb s ^ l eCU L ar cvcie ” 

tained (Censorin. 1. c.) that this ? n ? he Junius Gracchanus main- 

4 Thus Virgil. E. VIII. 7.?_ introdu <* d by Tarquinius (Priscus.) 

numeral ad omnia vehementiores credimus ■ snd Pai^u! IlinJ XXVIII. '5 —Impure! 

P arem mmmm >**«"*, p. 


TIIE ROMAN CALENDAR. 


369 


Casae Romuli proximo est , quot numero dies a Kalendis ad Nonas superessent 
pi onuntiabat: et Quintanas quidem dicto quinquies verbo xu.'ka, Septimana£ 
repetito septies praedicabat, verbum autem xxAu Graecum est , id est , voco, et 
nunc diem qui ex his diebus qai Kalarentur primus esset , placuit Kalendas 
vocari. June et ipsi Curiae , ad quam vocabantur , Kalabeae nomen datum est. 
lcieo autem Minor Pontifex numerum dierum qui ad Nonas superessent 
Kaiando pi odebat, quod post novam lunam oportebat Nonarum die populares 
qui in agns essent coufuere in urbem accepturos causas feriarurn a Reqe 
baa orum, scripturosque quid, esset eo mense faciendum. 

It appears from this that the Kalendae were derived from Kalo , the same with 
the Greek xuA^ because immediately after the appearance of the New Moon, the 
people were called together that they might be told on what day the Nones would 
lall. It must be observed that theiVezu Moon in question was not the astronomi¬ 
cal New Moon or period of conjunction, but the first appearance of the crescent in 
the evening twilight. Now, according to circumstances, the New Moon is some¬ 
times visible on the evening after conjunction, sometimes not for two or three 
da} s. Hence the Nones or First Quarter would fall sometimes as early as the fifth 
ot the month, sometimes as late as the seventh ; and thus the Ides or Full Moon 
would fall sometimes as early as the thirteenth, sometimes as late as the fifteenth, 
t lie pontiffs appear by ancient custom to have been confined to the extremes, 
and hence according to the appearance of the New Moon they proclaimed that 
tao Nones would be on the fifth, in which case they were called Quintcinae , or 
on the seventh, and then they were called Septimanae. Idus is derived from an 
Ftruscan verb iduare, signifying to divide , because the Full Moon divides the 
lunar months ; Nonae is the plural of Nouns “the ninth,” because the Nones 
veie alvays just nine days before the Ides, according to the Homan system of 
computation explained above. 

January and February having been added to the ten months of the old year, 
a question arises as to the order of succession then or subsequently established. 

That February was in the first instance the last month of the year, seems 
seal cel} to admit of doubt ^ thus Cicero de Legg*. II. 21.— Venio nuiic ad 
Manium iura , quae maiores nostri et sapientissime instituerunt et religiosis- 
sime coluerunt. Februario antem mense , qui tunc extremus anni mensis erat 
mortuis parentari voluerunt,— and Varro (L.L. VI. § 13.)—Terminalta, quod 
is dies anni extremus constitute. Buodecimus enim mensis fuit Februarius. 1 

We have no satisfactory evidence to determine the epoch' at which January 
and February became the first and second months. Plutarch supposes them to 
have been from the first the eleventh and twelfth. According to Ovid, who 
supposes them to have been added by Numa, January was placed at the begin¬ 
ning of the year, February at the end, and the new arrangement, by which 
February was placed second, was introduced by the Decemvirs. 2 It is perfectly 
clear, however, from the various ceremonies described above, that March must 
have been looked upon as the commencement of the year at the time when those 
rites were established. Ianuarius , therefore, may have been called after Ianus, 
the deity presiding over the beginning of all things, not because it was the first 
month of the sacred or of the civil year, but because it was the month which 

1 See also Paul. Diac. s.v. Februarius , p 85, and Servius on Virg. G. I. 43. Macrobius S I. 
12 13^ asserts that January and February were placed by Numa as the first and second 
months ot the year, and in the last quoted chapter contradicts himself downright—0;/mj 
m'ercahitioni mentis Februarius deputatus est, quoniam is ultimus anni erat 

2 Fast. II. 49. 


370 


THE ROMAN CALENDAR. 


immediately followed the winter solstice, when the sun may be said to resume 
his career. 1 e know that from B.C. 153, the consuls always entered upon 
their office on the 1st January, but we cannot positively assert that this day 
was consideied the first of the civil year before that time, although it undoubt¬ 
edly was looked upon as such ever after. 

, Emercalation of she Lunar Year.— The lunar year of the Greeks consisted 
of oo4 daj s, that of the Homans of 355, while the leng’th of the solar vear, upon 
which depends the return of the seasons, is 365^ days nearly. Hence almost all 
nations who have adopted a lunar year have had recourse to intercalations , that 
is, to the insertion of additional days or months from time to time, which, if 
managed skilfully, will insure a correspondence between the civil and natural 
year at fixed periods, and prevent the dislocation of the seasons. The insertion 
of a day every fourth year in the Julian Calendar, which has no reference to the 
moon, is also an intercalation, the object being to compensate for the error 
arising from making the solar year consist of an exact number (365) of days, 
instead ot 06 54, and we shall see how it became afterwards necessary to modify 
this intercalation in order to compensate for the error arising from supposing 
the solar year to be exactly 365.25 days in length, instead of 365.242264, &c. & 
as it really is. 

Octaeteris of the Athenians. —If we reckon the lunar month at 294 days, and 
the solar year at 3654 days, and the earliest astronomers did not arrive at 
greater accuracy, then twelve lunar months, or 354 days, will fall short of a 
solar year by 114 days, which in eight lunar years will amount to 90 davs. If, 
therefore, in the space of eight lunar years we add three lunar months* or, in 
othei voids, make three lunar years out of every eight consist of thirteen lunar 
months instead of twelve, then at the end of eight years there will be a difference 
of only one day and a-lialf between the solar and lunar years. This correction 
was at one time employed by the Athenians; the intercalary months were added 
at the end of the third, fifth, and eighth years, and the period, or to use the 
technical phrase, the Cycle of eight years was termed oKTusTnftg. 

Cycle of Melon. —'With the progress of science a more convenient correction 
was introduced. According to the most accurate calculations, 

19 Solar years contain.6939.603016 days. 

235 Lunar months.) 

or, 19 Lunar years and 7 months.t" conta ^ n 6939.68718 days. 


so that if seven lunar months are intercalated during nineteen lunar years, or if 
in other words, seven out of every nineteen lunar years are made to consist of 
thirteen lunar months instead of twelve, then the difference between the solar 
and lunar years at the end of that period will amount to only .084164 of a day 
and the error will be less than one day in two hundred years. This hnul «•- 
or cycde of nineteen years, is usually named, from its inventor, the 
Cycle oj Melon , and came into use at Athens on the 16th of Julv, B.C 432 
It was afterwards corrected by Calippus of Cyzicus, who invented a cycle of 
seventy-six years, which in its turn was corrected by Hipparchus, who invented 
a cycle of three hundred and four years. 

It seems to be certain that the Romans for a considerable period made use of 
a pure lunar year, the introduction of v'hich, as we have seen above, was usually 


1 Brntna rtnyi prima est, veterisque novissima solis: 

rrincipium capiunt Phoebus et annus idem. —Fast. I. 163. 





THE ROMAN CALENDAR. 


371 


ascribed to Numa, and it can scarcely be doubted that intercalations were 
employed resembling some of those described above, in order to bring about a 
correspondence with the solar or natural year. On this subject, however, the 
ancient writers are silent, with the exception of Livy, (I. 19.) but unfortunately 
his language is extremely obscure, and the text of the passage disputed. 

The intercalations which we do find described by Macrobius, Censorinus, and 
Plutarch, and which were certainly in use at the time of the Julian reform, 
belong to a system essentially different. The scheme which they describe is the 
following. The year of Numa consisted of 355 days. The Romans having- 
become acquainted with the Grecian Octaeteris, according to which 90 days 
were to be intercalated in a cycle of eight years, applied it thus. They inter¬ 
calated at the end of every two years a month, which consisted alternately of 
twenty-two and twenty-three days, thus making up the sum of 90 days at the 
end of eight years. 1 It was soon discovered, however, that the year of the 
Greeks contained 354 days only, while their own had 355, and hence it followed 
that in the cycle of eight years there was an excess of eight days. To remedy 
this, a new cycle was invented of twenty-four years, and in the last eight years 
of this twenty-four days were omitted, sixty only being intercalated instead of 
90, thus compensating for the excess which would have taken place in the whole 
period had the full number been employed. 

At what time this (or any other) system of intercalation was brought into 
use, we cannot tell. The Roman antiquaries themselves were at variance. Some 
referred the introduction of intercalations to Romulus, some to Numa, some to 
Servius, some to the Decemvirs, while some brought it down as low as the con¬ 
sulship of Manius Acilius Glabrio in the iEtolian war, B.C. 191. 2 Whatever 
opinion we may adopt oil this matter, it is important to attend to the following 
consideration. 

So long as we make use of a year, the months of which are regulated by the 
phases of the moon, it is evident that all intercalations employed to produce a 
correspondence with the solar year, must be in the form of entire lunar months. 
As soon as a period is inserted either longer or shorter than one lunar month, or 
an exact number of entire lunar months, from that time forward all regular con¬ 
nection between the phases of the moon and the commencement of the months 
and years is destroyed. Hence as soon as the Romans began to employ the 
intercalary months of twenty-two and twenty-three days, from that moment they 
virtually abandoned the lunar year, and adopted a solar cycle, the same in sub¬ 
stance as that afterwards perfected by Julius Caesar, but less accurate and less 
convenient. The old names of Calends, Nones, and Ides were retained, but 
these would no longer answer to the first appearance of the New Moon, to the 
First Quarter, and to Full Moon, more than the first, fifth, and thirteenth of any 
month at the present time. Ideler believes the change from the pure lunar year 
to have taken place during the sway of the Decemvirs, an opinion of which we 
find some trace in Macrobius. 3 Hence he supposes that the Roman Calendar 
assumed three different shapes before the Julian reform. These he distinguishes 
as— 

I. The Year of Romulus of 10 months and 304 days. 

1 So Censorinus 20. and Macrob. S. I. 13. Plutarch, on the other hand, says that Numa 
doubled the difference between the solar and lunar year, and thus made a month of 22 days, 
which was intercalated every alternate year, but makes no allusion to the month of 23 days. 

2 Macrob. S. I 13. See also Cic. de Legg. II. 12. 

•8 Macrob. S. 1. 13. It is clear from Ov. Fast. II. 54, that there was a tradition that the 
Decemvirs had made some changes in the Calendar. 


372 


THE ROMAN CALENDAR. 


II. The Year of Nama, a pure lunar of 12 lunar months and 355 days, with 
suitable intercalations. J ’ 

IE. The Year of the Decemviri , nominally a lunar year like the former, but 

Mhich, from the intercalations employed, ceased to correspond with the phases of 
tlie moon. 1 

yet r I 2S ti a ned ^ distribution of the days among the twelve 
months of the year of 355 days. It was as follows : 1 _. 

Januarius,...29 
Februarius, ..28 
Martins,.31 


Aprilis, ... 

...29 

Quintilis,.. 

..31 

Mains, ... 

...31 

Sextilis,.... 

..29 

Junius,.. 

...29 

September,. 

..29 


October,.31 

November, ..29 
December, ...29 


referred^toThf tZ VS , nCd “ torCe until the J ” lian reform, is usually 

is ^consistent S b " t as . the n »'"ber of days in the different months 

s inconsistent with a lunar calendar, it can scarcely have been introduced until 

the intercalary months of twenty-two and twenty-three days were employe 
Ca endS ’ No T’, and »«« the same'as in the ye3 of 

Idmhe hth md l%h VayS " M - rke i th f l? of e ™7 Nones and 

fell noon the ™ Marc b Ma 7> a "d October, when they 

c l upon the ith and loth. All dates of works written before B.C 45 must of 

B Hi 6 s C at U hat he y a‘ he ^ ^ Cto °’ in ‘ " 

01 i sa .7 s ttia t he arrived at the camn in Lvnnniq VTT 7Tr,i e„, , 

“rfi this “ tiie f 2& ; th 

Sextihs at that LeTa“'I days oV 5 ’ ^ 24t '‘ ° f A " gHSt >” because 

Ihe intercalations took place in the month of February, between the Tormi 

"T’jf T fwl y f um ■ tha ‘ is, between the 23d and the 24th, at left such 
was the rule although it may have been violated at times. The rema2, five 

nays belonging to February were added after the intercalary“,T!Xhlv 
from some superstition; but all the calculations of time in intercalary yearswerc 
founded upon the supposition that in such years FebruaryZSd 23 la ■ 

f vi 17 - y T’ ? h f d T after " ,e Ides °f Februaryt T ZR 

cateresnfnf r ■ ® AD - V/. Calendas Inler- 

caiares. the Jeunmalm in ordinary years fell A D VTT K„1 • 

."t^yalary years, Pridie Calendas IntercalareT ° L Ma ' L ' “ 

We have'seenthat v<:| r pin , iun» 1o ,i,e re form _ 

hmds rfthe PnlT , e mana f eme “‘ of the Calendar was original^ 

th™LMheyrc ^ed’thenHv^^'f 0 !: b ? d di ™'^ d berets of 

they shamefully betrayed and ! m " S “ lnterea,ation - 3 This trust 

V uctuned, and to gratify their private animosities, or show 

1 Macrob. I. 14. Censorin. ^0 

5 59. cie. pro Qulnct. 25. 

m uueicdiancu ratio permissa. Censorin. 20. 












THE ROMAN CALENDAR. 


373 


favour to their friends, in order that a magistrate might remain in office for a 
period shorter or longer than the law permitted, that a farmer of the taxes 
might be defrauded of his just right, or obtain an unfair advantage, they cur¬ 
tailed or drew out the year at pleasure, until the whole Calendar was involved 
in a degree of uncertainty and confusion, to which we can find no parallel in the 
history of a civilized people. 1 The ignorance which prevailed with regard to the 
years in which the intercalations ought to take place, and the mystery observed 
by the priests, is well illustrated by the expressions of Cicero. Thus in Ep. ad 
Att. V. 21, we find— Cum scies Romae interccilatum sit , necne , velim ad vie 
scribas; again in Ep. ad Fam. VII. 2 —Quotidie vota facimus ne intercaletur , 
ut quavi privium tevidere possimus; and in Ep. ad Att. VI. 1. we find —Accepi 
tuas literas. A.D. quintum Terminalia; that is, on the 19th of February, this 
singular method of fixing the date being employed to prevent ambiguity, since 
the day would be A.D. XI. Kal. Mart, in a common year, and A.D. VI. Kal. 
Inter cal. in an intercalary year, and Cicero knew not when he wrote, whether 
an intercalation had or had not taken place. 

Amms CoBifusioEiis.—Accordingly, when Caesar became Dictator, the year 
was about two months in advance of the seasons; the spring festivals hap¬ 
pened in what were nominally the summer months, and those of summer in 
autumn. 

To take a single example.—Cicero, in one of his Epistles to Atticus, (X. 17.) 
says that at the time when he was writing his journey was delayed by the 
equinox. The date affixed to this letter is XVII. Kal. Jun. i.e. 16th May. 

In order to remedy these defects, it was found necessary to add 67 days to 
the year B.C. 46; these days were divided into two intercalary months, and 
inserted between November and December. In this year the ordinary interca¬ 
lations of 23 days took place in February, so that it contained, in all— 


Ordinary length of year,.355 days. 

Intercalary month,. 23 — 

Two additional intercalary months,. 67 — 


Total,.445 days. 


Such was the year B.C. 46, which among modern chronologers has received the 
name of Annus Confusionis , although, as Ideler observes, Macrobius has more 
correctly termed it Annus Confusionis ultimus. 

Censorinus says that 90 days Avere added to that year, Dion Cassius 67 ; but 
there is no contradiction here, for the former includes the ordinary intercalation 
of 23 days in February, which is not taken into account by the latter. 2 The 
tivo additional months seem to have been called Mensis intercalaris prior , and 
Mensis intercalaris posterior , for Ave find in Cic. Ep. ad Fam. VI. 14— Ego 
idem tamen cum A.D. V. Kalexdas Intercalares priores, rogatu fratrum 
tuorum venissem mane ad Caesarem , &c. 

Gregorian C'alemEm-.— The Julian Calendar was founded upon the suppo¬ 
sition, that the length of the solar or tropical year AA'as exactly 365 days, 6 hours, 
or 365.25 days. Therefore 


1 See Censorin. 20. Macrob. I. 14. Plutarch. Vit. Caes. 69. Ammianus Marcellinus 
XXVI. 1. Solinus I. 

2 See Censorin. 15. Dion Cass. XLTIT. 26. Macrob S. I. 16. Plin. H N. XVIII. 17. 
Ammian. 1. c. Macrob. XXVI. 1. Suet. Caesar 40. Ov. Fast. III. 155. Appian. B.C. IL 154, 







374 


THE ROMAN CALENDAR. 


The length of the Julian Year being.365d. Ch. 

But the true length of the Solar Year being ...365d. 5h* 48m. 51 |s. 

It follows that the Julian Year is too long by 11m. 84s. 

This excess in 10 years will amount to. lh. 51m. 25s 

“ ! n JW ~ . 18h* 34m.' 10s.* 

m 1000 — . 7d. 17h. 41m. 40s. 

To correct this accumulating error, Pope Gregory XIII. published a Bull in 
10 ?7. b 7 w ? lch }* ™ ordained that common years should consist of 365 days, 
and that a day should be added every fourth year as formerly, with this differ¬ 
ence, that the intercalation was to be omitted in the last year of those centuries 
not divisible by 4 ; and thus that 97 days instead of 100 should be inserted in 
400 years The Gregorian Calendar was almost immediately adopted in all 
Goman Catholic countries, and to compensate for the error already incurred, 10 
days were dropped. The change was not admitted into England until 1752 
when 11 days were dropped between the 2d and 14th September, from which 

uS f VTfT b f w f n aad New Russia and other countries 

v Inch follow the Greek church, still retain the original Julian Calendar, and 

lienee their dates are now 12 days behind those of the rest of Europe. 

400 Tars — t0 ^ Gregorian scheme by which three leap years are omitted in 

Length of the Gregorian Year being. 365d. 5h. 49m. 12s. 

Tine length of the Solar Lear being. 365d. 5h. 48m. 5Hs. 

Therefore the Gregorian Year is too long by. 20 i s 

An excess which will not amount to 1 day in 4500 years.'. 2 * 

If the insertion of a day be omitted each 4000th year—, 

Length of year according to cycle of 4000 years, 365d. 5h. 48m. 504s. 

in^toOOyeaS 01 * ^ 1 SeCOntl ~ a deficienc 7 which will not amount to a day 

liusirnin. Seculum.—We may now say a few words with regard to the 
longer divisions of time, the Lustrum and the Seculum. 

“ W ° rd Ll f trui £ ( se e p. 170,) derived from Luo, signified properly the 
e xpiatory sacnfice offered up for the sins of the whole people by the Censors at 

held ofiW eV Tt J VT’ the penod durin S’ wh ich these magistrates originally 
held office. Hence. Lustrum was used to denote a space of five years ., and the 

T/T 111 PcHcnmng the sacrifice, were said Condere lustrum^ to briim the 
Lusiruin to a close. Yam,, in explaining the term, derives it from Lucre ll 
the sense of to pay— Lustrum nominatum tempus quinquennale a luendo ’ id 

nr aM0 vect>g(L 

It is to be observed here that quinto quoque anno, according to the Eoman 

Zpus atemrT’ Zr"’ eWTlJ ■ fourth W quinquennale 

I "' J f C T? . <De0rat - MI-32.) calls the Olympic 
" Uaxma ««« quinquennale cekbntas ludorum ; * but since we know 

n„‘m T t,e“ "ge I?S 0 23,‘S n a“ e ot fell" $7b«.ujfth’* 120 "’the 
would have been leap years. ^ these, according to the old system, 

2 This is evidently in reference to the Greek expression s. 













375 


THE ROMAN CALENDAR. 

from other sources that the Censors originally held office for five years, and that 
the taxes were farmed out upon five years’ leases, the interpretation of the above 
passage is not open to doubt. We may add, that wherever the word Lustrum 
occurs in the older writers, it is always in connection with the duties of the 
Censors. 

hen w r e come down to the age of Ovid, a confusion seems to have arisen, 
and the meaning ot Lustrum was no longer definite; in Amor. III. vi. 27.— 
Nondum Troia full lustris obsessa duobus —it unquestionably stands for five 
years; and also in Fast. III. 119, where the 10 month year of Romulus is 
described— Ergo animi indociles et adhuc ratione carentes = Mensibus egerunt 
lustra minora decern , i.e. the Lustra were too short by 10 months. But with 
singular inconsistency, a few lines farther on, (165,) where he is explaining the 
Julian T ear, and the intercalation of the Dies Bissextus — Hie anni modus est; 
in lustrum accedere debet = Quae consummatur partibus una dies—Lustrum 
must certainly denote four years. 

Again, in Trist. IV. x. 96. compared with the E. ex P. IV. vi. 5. we see the 
Roman Lustrum identified with the Grecian Olympiad, each being supposed 
equal to five years. As we come down lower, Pliny twice in one chapter (H.N. 
II. 47.) calls the four-year cycle of the Julian year a Lustrum ; we find in 
inscriptions the intervals between the successive exhibitions of the Capitoline 
games instituted by Domitian, and celebrated every four years, designated as 
Lustra ; 1 and in the third century, the original force of the term seems to have 
been quite forgotten, for Censorinus, in defining the Lustrum or Annus Magnus , 
seems to be ignorant that it ever did differ from the Olympiad, or denote any 
period but four years. 

This uncertainty may probably be traced to the irregularity with which the 
sacrifice of the Lustrum was performed. It was omitted sometimes from super¬ 
stitious motives, as when we read in Livy III. 22.— Census actus eo anno. 
(B.C. 460,) Lustrum propter Capitolium captum , consulem occisum , condi 
religiosurn fuit —and often from other causes, for upon looking over the Fasti 
Capitolini, in which the Censors are registered, and the letters L. F. attached to 
the names of those who completed this rite, we shall find that although the usual 
interval is five years, yet not unfrequently six and seven were allowed to elapse, 
while occasionally it was repeated after four only. These facts seem to account 
for the inconsistencies of the later Roman writers, without going so far as Ideler, 
who maintains that Lustrum never was used for a fixed space of time. 

The duration of the Seculum was a theme of controversy among the Romans 
themselves in the days of Augustus. The historians and antiquaries seem all to 
have agreed that the Seculum was a period of 100 years, while the Quindecem- 
viri, the priests to whom was intrusted the custody of the Sibylline books, 
reposing, it would seem, upon the testimony of their sacred registers, asserted 
that 110 years was the interval at which the solemn Ludi Seculares, which 
marked the close of each Seculum , had ever been and ought to be celebrated. 
The Locus classicus on this subject is in Censorinus (17.) 1 2 

Censorinus has preserved also the conflicting statements with regard to the 
actual celebration of these games from the time of their institution, and his dates 
are all fixed by the consuls in office at the time. They are as follows:— 

1 Gruter C. I. CCCXXXII. 3. Censorin. 18. 

2 See also Varro L.L. VI. § 11. Paul. Diac. s.v. Secular es Ludi , p 328 The corresponding 
passage in Festus is too much mutilated to afford any information. 


376 


THE ROMAN CALENDAR. 


The first Secular games were \ Z^orius ^ n tius,.A. U. C. 245 

celebrated accordiuo-to... J Ilie Commentaries of 

( XV-viri, . .. 

The second. f Antias,... 


XV- 


vin. 


The third,... J -A-ntias and Livy,. 

XV-viri, 

intias, Yarro, and Livy, 
Piso Censorinus, Cn. Gel- 

TJie fourth. j Lus, and Cassius He- 

mina, who lived at the 
time, . 

XV-viri' 


■ 298 

305 

408 

505 

518 

605 


1 


608 

628 


The fifth by Augustus,. a tt p 

The sixth by Claudius,..}nn H 0r 

The seventh by Domitian,.; .S £°? or f f 

ilie eighth by Septimius Severus,. a’.U.c! 957 or A d’ 204 

be f 8 S ‘ ra P d!sa S™ would 

.utious of the S t,M trr 

the period chosen by Augustus does not absolutely agree w th t' 

the oth games ought to have been held A.U C 738 and J jq! f ’ If 
were. ' o0 > aiia n °t (o 7, as they ready 




A Standard-bearer and two Legionaries, from Trajan’s column, 








































CHAPTER XII. 


THE MILITARY AND NAVAL AFFAIRS OF THE ROMANS. 


I. Military Affairs. 

In all discussions with regard to the Military affairs of the Romans, the extent 
of the subject should never be forgotten. For nine hundred years they pursued 
an almost uninterrupted career of conquest, and thirteen centuries more passed 
away before the empire thus formed was completely dismembered. If we confine 
ourselves to the former period alone, and bear in mind that the whole energies 
of a large portion of the nation were devoted to the cultivation of war both as a 
science and an art, it becomes evident that the changes and modifications in 
general principles and in practical details introduced during that lengthened space, 
must have been almost countless, and that we shall be guilty of a grievous error 
if we suppose that statements which are true with regard to any one epoch will 
hold good for all. A>e must therefore endeavour, as far as our materials will 
permit, to exhibit a view of a Roman Army at epochs far removed from each 
other, and thus, if possible, to form some idea of what took place during the 
intervals. With regard to one epoch only is our information full and satisfactory. 
Polybius, himself an experienced commander, who, as the friend and companion 
of the younger Scipio, had the best opportunities of studying the military system 
of Rome, when the discipline of her armies was most perfect, and when the 
physical and moral character of her soldiers stood highest, has transmitted to us 
an account of the Roman Army, as it existed when he composed his history, so 
complete in every particular that our curiosity is fully satisfied. With regard to 
other epochs, however, we depend entirely upon scattered notices contained in the 
classical writers; but although these are very numerous, and are dispersed over 
the works of authors in every department of literature, they but too often convey 
little instruction, for the writers and those for whom they wrote were so familiar 
with such topics, that there is very rarely more than a passing allusion, unaccom¬ 
panied by comment or illustration. In what follows we shall, in accordance 
with the plan hitherto pursued, restrict ourselves in a great measure to the period 
of the republic, adding a few explanations of the more important alterations 
introduced mider the earlier Emperors. 1 

Constitution of a Soman Army.— A regular Roman Army, consisting of 

1 I would venture to refer for fuller information on some of the matters treated of in this 
Chapter to the articles, Acies, Agmkn, Ala, Castra, Lxercitds, Feciai.es Ovatio Spolia 
Tril’mphus, written by me for the Dictionary of Greek and Roman Antiquities, edited by 
Dr. W. Smith. We may also refer here, once for all, to our great authority, Polybius, VI. 


S78 


roman army. 


Infantry (Peditatus) and cavalry, ( Eqitatus ,) was, in the earlier ages, composed 
ol Roman citizens exclusively, who were enrolled in Brigades termed Leqiones. 

a n- d t ie , rest of l ta] y were gradually subjugated, the different states 
received into alliance became bound by the terms of their respective treaties to 

l™,, ! M T ? a r d up ° n ’ a contlll gent of soldiers, horse and foot. These were 
enrobed m battalions distinct from those composed of'Roman citizens, were 
designated Socii nomenque Latinum, or simply Socii, and were clothed, 
cquippeel, and paid by the communities to which they belonged. 

. Rom p ha( J extended her dominion beyond Italy, foreign Kings or Chiefs 

n alliance with the republic frequently supplied bodies of troops, who, under 
e name of Auxiliares or Auxilia , served along with the Romani and Socii. 

theTicinnT 7 L ’ C ' f 18, W< ! find Galli E( l uites under Scipio at the battle of 
the 1 icinus, and soon afterwards we are told that no less than 2200 (duo millia 

XXI 46* 48)*"* eqUUeS) ° f the Auxiliares Galli deserted t0 Hannibal (Liv. 

foreigners receivmg pay, that is, Mercenaries in the limited sense of the word 
e e not employed until B.C. 213, when the Celtiberi in Spain offered to serve 

Carthalbians ma fl n ^ ^ SamG hirG which the ^ had received from the 

^aitnagimans, and their proposal was accepted (Liv. XXIV. 49.) For a con¬ 
siderable period, however, the mercenaries in a Roman Army were few in 
umbei, and consisted chiefly of Corps raised in particular localities, where the 
‘ 1V ^ w ® 1 .? ce ^ated their skill in the use of some particular weapon Such 

of Crete an’cUhe m the Balearic Isles, the Archers (Sagittarii) 

a a bfJ. davelui_mcn ( Iaculatores ) of Mauretania. 

udiri f n ^ ar -’ ( RC - 88 0 when all the subject states of Italy were 

disappeared and ^ disth ? Ction between and Socii altogether 

disappeared, and. the armies from that tune forward were made up of Romani 

mte and Auxilia, the latter being in part furnished by foreign princes who 

nrin - a i wed t0 rGt . am a nominal independence under the title of ? allies but 

ma"v 1P I vrk er p a narleS - T," ited "T g the most warl!ke tribes «f Gaul, Get- 
J’ ; ’ Rann °ni a , Thrace, and other frontier provinces. The number of 

n f 0 y oi ; stantl ? ^creasing, and in the first century of the empire they 
ah eady formed a large proportion of the really efficient troops. P 7 

th ‘1 the J2T f T ir;* -16 Was a “amenta! principle in the Roman polity 
' Q had at a11 tim es a right to demand military service from its mem 

bers and hence every male citizen between the ages of seventeen aTd fortT^x 
was bound, when required, to enrol himself in the rank!! 

s" v- T f ii y or ten ycars in . the Cavalry. Moreover, by the constitution of 

e b xXded ? 7xi fi L e tf^ e ?^ 

reduced to the w ( “T“ dl ™S the second Punio War, when Romebvas 
a,i 


ROMAN ARMY—LEVYING SOLDIERS. 


379 


Marius was the free admission of the poorest citizens to the Legions, 1 a measure 
which, especially after the enfranchisement of the subject states in Italy, had 
the effect of introducing a new class of persons, who, from this time forward, 
formed the great bulk of the ordinary levies. But even before this period, the 
social position of the Roman soldiers had by degrees assumed an aspect totally 
different from that which it exhibited for five centuries after the foundation 
of the city. At first, they were mere militia, called out to repel or retaliate 
the hostile incursions of neighbouring tribes, and as soon as the brief campaign 
was over, each man returned to his home and resumed his peaceful occupations. 
But in proportion as the power of the commonwealth increased, the wars in 
which it was involved became more complicated and tedious, and the same 
army was compelled to keep the field for years in succession, especially when 
the scene of operations was removed to Greece and Asia. Hence the characters 
of citizen and soldier, which were long inseparably connected, gradually became 
distinct, the line of demarcation became more and more broadly marked, and 
after the time of Marius, the ranks were filled with men who were possessed 
of no property whatever, who were dependent for subsistence upon their pay, 
and who were consequently soldiers by profession. It was not, however, until 
the imperial government was established that the principle of maintaining at all 
times a large standing army was fully recognized; but from that time forward 
military men formed a large and powerful order in the state altogether distinct 
from civilians. 

levying Soldiers.—The Senate, at their first meeting after new Consuls 
entered upon office, voted the number of troops to be raised for the current year, 
and the Consuls then made proclamation ( edixerunt ) of the day on which they 
proposed to hold a levy, ( Delectum habere ,) giving notice that all liable for 
service must attend. The proceedings usually took place in the Capitol. The 
Consuls, seated on their Curule Chairs, assisted by the Tribuni Militares , caused 
the tribes to be summoned in succession, the order being determined by lot. The 
list of all who were of the legal age (Aetas Militaris ) was read over, those 
individuals were selected who appeared most suitable, and their names were 
entered on the muster roll (hence scribere s. conscribere milites .) Under 
ordinary circumstances, the youth came forward eagerly to volunteer their 
services; (dare nomina ;) but if anyone absented himself, or, being present, 
refused to answer when cited, (militiam detrectabat ,) he might be punished 
summarily with the utmost severity, and even sold as a slave, 2 3 unless a Tribune 
of the Plebs interfered on his behalf. 

After the number was complete, the military oath (Sacramentum) was adminis¬ 
tered to all the recruits, (Sacramento adigere s. Rogare—Sacramentum s. 
Sacramento dicere ,) in terms of which they swore to obey their leaders, and 
never to desert their standards. It would appear from a passage in Paulus 
Diaconus compared with Polybius, that one individual was chosen to repeat the 
formal words (verba concepta) of the oath, while all the rest took upon them¬ 
selves the same obligation (iurabant in verba ) by making the response Idem in 
me. 3 After these preliminaries were concluded, the new levies were dismissed, 
notice having been given to them to meet at a given place on a given day. 

1 Axil. Gell. 1. c. Sallust. Tug. 86. 

2 Liv. IV. 53. VII. 4. Cic pro Caecin. 34. 

3 Liv. II. 24. Ill 20. IV. 53. VII. 11. XXII. 38. Cic de Off. I. 11. Caes. B.C. I. 76. Aul. 
Gell. XVI 4. Paul. Diac. s.v. I'raeiurationes, p. 224. There is a very obscure passage in Livy 
XXII. 38. about a second military oath which no commentator has ever explained in a satis¬ 
factory manner. Comp. Polyb. VL 19. seqq. 


380 


HOMAN AEMY—THE LEGION. 


ar0 5 e ’ { T f mdtus 0 such as in ancient times was caused by 

famZlox ^ fv ^ T '™^-Tumultus Gallili 

Che ^ formalities described above were dispensed with, and all 

pomd beai arms, young and old, rich and poor alike, were called upon to 
use in a mass for the protection of their country, such soldiers beino- termed 
l 2u T 0r .? ubltar \ When, under similar circumstances, there was ^me 

Zntilm ^In the W nrrr COndU T d ^ Utm ° St ri 2 0ur ’ ( delectus °™nis generis 
. ^ . f p 1 dinaiy pleas of exemption, ( vacationes ,) such as length of 

G wce or special indulgence, ( beneficium,) being suspended, and hence the 
6 eXerCitm ** Ulla mCatimis ^-BeliefssfneZca- 

the allied^tatt^ ! 1(dd at l° rma l intimation ivas made to 

tu allied states of the number of troops which they would be required to furnish 

. tcm ad ^ ocl °s Latinumque nomen ad milites ex formula acciiriendos 
mutunt; (L.v XXII 57;) and the same course was pS“y adonted wth 
regard to the distant Coloniae Civium Romanorum. P7 P td Wlth 

. . , . 1S man ifest that after the termination of the Social War whpn nil +i 10 

in thf 

guiliZcollSZaJLconl 71 !ri Z S,m ° DekCtU et , d ~ a Cm- 

nece.3 for him l r b ^signing as one of the reasons which rendered it 
plendos exercitus: T 

szibstt: mnssrr 

earlier neried when o re I ,vk . s P 1 *' 1 'was adopted occasionally at an 
earner period when gieat difficulty was experienced in procurino- me „ a, 

the eailier an army consisfprl pntimixr ^ ’ 4 ’ * cicioic, in 

the subjugation of Latium and XS the words Z? 7 

Milites , indicated those who were n ’ • ■ t Legiones and Legionarii 

Socii and Auxil!„ n. 1 ",^“ citizens, in contradistinction to the 
according to the demands ““hemtlffiT"® raisad necessarily varied 

nar y -- - 

1 Liv. I. 37. II. 23. III. 4. 30. VI. 6. VII. II. 28. VIII. 20. X. 2 !. XXXV. 2 . XL. 26. 


ROMAN ARMY—THE LEGION. 


381 


Legions, with their complement of Socii and Auxilia , formed a Consularis 
Exercitus . During the Second Punic War, the forces under arms rose as high 
as eighteen, twenty, twenty-one, and even twenty-three Legions ; under Tiberius, 
the standing army amounted to twenty-five Legiones, besides Auxilia about 
equal in strength to the Legions, and the Imperial Life Guards. 1 The Legions 
were at first numbered according to the order in which they were raised, Praia, 
Secunda . . . Decima , &c., and when they became permanent bodies, they 
1 etained the same numbers, like regiments in our own service, with the addition 
of epithets derived from various circumstances; these epithets being, in many 
ca»es, rendered necessary by the fact, that different Legions frequently bore 
the same number. Then under the empire we read of the Prima Italica , the 
Prima Adjutrix , the Prima Minervia, and the Prima Parthica ; of the 
Sexta Victrix and the Sexta Ferrata. So also there w'ere five numbered 
Secunda , and five numbered Tertia , &c. The men belonging to the Prima , 
Secunda, Pertia . . . Duodemcesima . . . Vicesima, &c., were designated 
respectively, as Primani , Secundard , Tertiani . . . Duodevicesimani . . . 
Vicesimani , &c. 

Number of Pedites in a Legion. 1. The Legion, as established by Romulus, 
contained 3000 foot-soldiers, and we have no evidence of any increase or diminu¬ 
tion of this number during the regal period. 2 2. From the expulsion of the 
Tarquins, until the beginning of the second Punic War, the number varied from 
4000 to 4200, although, on emergencies, the strength was raised to 5000, and 
even 5200. 3 3. From the beginning of the second Punic War, until the age of 
Marius, (B.C. 100,) the number varied from 4200 to 5200, seldom falling 
below 5000, and, in some cases, rising as high as 6000. 4 4. From B.C. 100, 
until the downfal of the empire, the number varied from 5000 to 6200. From 
the accession of Augustus, until the time of Hadrian, 6000 seems to have been 
regarded as the regular complement. 5 6 

Number of Eqidtes in the Legion. From the first establishment of the 
Legion, until the time of Marius, the number of Cavalry seems to have been 
invariably 300, except in some rare special cases, when it was augmented to 
ooO. and to 400.° After the time of Marius, the Cavalry in the Roman 
armies consisted chiefly of foreign troops, and, consequently, were not con¬ 
sidered as forming part of the Legion. Down to the latest period, however, we 
find Cavalry, occasionally at least, incorporated with the Legion, but not in 
regular fixed numbers, as during the first six centuries of the City. 

Organization of the Infantry in the Legion. This, as we have indicated 
above, must have passed through many changes, which it is impossible to follow 
step by step, in their gradual course, but we are able to trace the general out¬ 
lines of the system at certain epochs widely distant from each other. 

1 Liv. VIII. 8. IL 30. VII. 25. XXIV. 11. XXVI. 28. XXVII. 22. XXVI. 1. XXVII. 36. 
Tacit. Ann IV. 4. 

2 Varro L.L V. §89. Plut. Rom. 13. 

3 Liv. VL 22. VII. 25. XXVIII. 28. XXI. 17. Dionys. VI. 42. IX. 13. Polyb. I. 16. II. 24. 
III. 72. 

4 Liv. XXII. 36. XXVI. 28. XXXVII. 39. XXXIX. 38. XL. 1. 18. 36. XLI. 9. 21. XLII 31. 

XLIV. 21. Polyb. III. 107. VI. 20. 

6 Paul. Diae. s.v. Sex millium et rtucentorum, p. 336. Plut. Mar. 35 Sull. 9. Appian. Mithrid. 
72. Lamprid. Alex. Sev. 50. Veget. II. 6. Serv. ad Virg. i£n. VII. 274. Isidor. Orig. IX. 
iii. 46. Suidas, Hesychius, s.v. 

6 The Roman authorities, and Dionysius, all agree upon this point; but Polybius, In one 
passage, (III. 107. comp. II. 24.) states that the Cavalry of the Legion amounted to 200 under 
ordinary circumstances, and was increased to 300 in great emergencies only. Elsewhere, 
however, (VI. 20.) he gives 300 as the number, without comment. For numbers beyond 
300, see Liv. XXIII. 34. XL. 36. XLIII 12. 


382 


ROMAN ARMY—THE LEGION. 


^Z%^v° CL \ We r Can sa 7 nothing of the state of matters until the time of 

Centmi J W ° f the ^ hoIe bod ^ of citizens into Classes and 

Centuries, was inseparably connected with military considerations 

the largest amount of fortune, were bound [o serve as Cavairy, while 

! uKl ’ fr S1VG ^ defensive ’ of the five Classes, were distinctly specified 
and depended upon the means possessed by the members of each Class When 

we take these statements in connection with the positive assertion of Livy, (YIIL 

8,) we cannot for a moment doubt, 
that the Legion, in the earliest times, 
vas marshalled in one compact solid 
body, according to the principles 
of the Grecian Phalanx. The fore¬ 
most ranks were occupied by the 
citizens belonging to the first Class, 
whose fortune enabled them to provide 
themselves with a complete suit of 
defensive armour; the different por- 

f l Ann y-x {- ,..l. " . 1 1 A 



tions of which we have enumerated in 
p. 69, and which will be seen repre¬ 
sented in the annexed cut of a Greek 
heavy-armed warrior. Behind these, 
those of second and third Classes, less 


viaoocoj Icoo 

exposed, and therefore requiring less 


- v ^ vvjuuni” It/oo 

complete equipments, took their places, 
wlnle those belonging to the fourth and 
ntfli Classes skirmished with missiles • 

ass s a*- ~ 

and conjecture has fixed upon Camillus the a-reat Cantiin rf n of \ en,— 

\ ?rt? * 

r as isrjsws 

pany could act separately, they mutually sunnortM C COm ' 

combined movements with great facility ranhfbv 1 ° 1 °? ber ’ and execu ted 
are given in the chapter of LWy SJS f *? d P T 1S10n ' . The details 
tunately obscure if not corrunt • but' •>Pl i 1C i e \ ied t0 above ’ w ^ich is unfor- 
the force of some exp?esl, w c „ t ' 0 l,g 'V ,oubt may exist with regard to 
teatures of the new s^tem. The 

•»* “r 

SX'SSd *SS3| St - **«’“ ™ «s 

tadned ^ixty^ank^and^file oVcerffh T 

hearer ca/ed Vexillarius.' ^ 









ROMAN ARMY—THE LEGION. 


383 


carried only a spear ( hasta ) and javelins, ( gaesa ,) the remaining forty had 
oblong shields, (scuta,) and probably body armour also. 

The second line was composed of men in the full vigour of life, (robustior 
aetas,) who were classed together under the general name of Principes , and, 
like the Hastati, were divided into fifteen Manipuli. The whole of the Principes 
were heavily armed, and their equipments were of the best kind (scutati omnes 
insignibus max hue ar mis.) 

The thirty Manipuli of Hastati and Principes were comprehended under the 
general name of Antepilani. 

The third line was composed, like each of the two former, of fifteen Manipuli , 
but each of the Manipuli in the third line was divided into three sections, which 
were called Vexilla , because each section had its separate standard. Under the 
first Vexillum in each of these triple Manipuli , were ranged the Triarii, veteran 
soldiers of tried bravery; under the second Vexillum the Rorarii , men younger 
and less distinguished; under the third Vexillum the Accensi, less to be 
depended upon than either of the foregoing, (minimae jiduciae manum ,) and 
therefore placed in the rear. 

The tactics of the period cannot be described more briefly or more clearly than 
in the words of the historian :— 

Uhi his ordinibus exercitus instructus esset, Hastati omnium primi pugnam 
inibant. Si Hastatiprojligare hostem non possent, pede presso eos retrocedentes 
in intervalla ordinum Principes recipiebant: tunc Principum pugna erat; 
Hastati sequebantur: Triarii sub vexillis consulebant , sinistro crure porrecto, 
scuta innisa humeris, hastas subrecta cuspide in terra fixas, baud secus quam 
vallo septa inhorreret acies, tenentes. Si apud Principes quoque hand satis 
prospere esset pugnatum, a prima acie ad Triarios sensim referebantur, inde 
rein ad triarios redisse, quum laboratur, proverbio increbruit. Triarii con- 
surgentes , ubi in intervalla ordinum suorum Principes et Hastatos recepissent, 
extemplo compressis ordinibus velut claudebant vias: unoque continenti agmine , 
jam nulla spe post relicta, in liostem incedebant ; id erat formidolosissimum 
hosti, quum , velut victos insecuti , novam repente aciem exsurgentem auctam 
numero cernebant. 

(Third Epoch.) The principles adopted in the Second Epoch probably 
received their full development during the wars against the Samnites, the 
Greeks in Southern Italy, and the Carthaginians. The Third Epoch may be 
regarded as extending from B.C. 300 to B.C. 100 or 107. Here our great 
authority is Polybius, whose remarks apply to a Legion of 4000 men, although 
the number was usually greater in his day. 

The Legion, as during the Second Epoch, was marshalled in three lines, which 
still bore the names of Hastati, Principes, and Triarii. The Hastati , 1200 
in number, were, as formerly, young men, and formed the first line; the Prin¬ 
cipes , men in the prime of life, also 1200 in number, formed the second 
line; while the Triarii, experienced veterans, 600 in number, formed the 
third line. In addition to these, there was a corps of light armed skirmishers, 
first organised B.C. 211, at the siege of Capua, (Liv. XXVI. 4,) under the name 
of Velites or Procubitores , 1000 in number, who represented the irregular 
bodies termed Accensi and Rorarii in the earlier ages. When the number in 
the Legion was above 4000, the additional men were distributed equally among 
the Hastati , Principes , and Velites, the number of the Triarii being fixed 
at 600. 

The defensive arms of the Hastati, Principes , and Triarii , were the same, 


384 


ROMAN ARMY—THE LEGION. 


all alike being equipped in a full suit of mail, consisting of a helmet (qaleo ) 
of bronze, a breastplate of chain or scale armour, ( lorica ,) or a small cuirass, 
{thoi ax & pectorale, ) a greave for one leg, ( ocrea ,) and a large shield, (scutum.) 
made of thick rectangular planks, four feet long and two and a-half broad, 
Pent round with the convexity outwards, covered with hide and bound with 
non As to their offensive weapons, all were furnished with the short, straight, 
pointed, two-edged Spanish sword ; (gladius ;) in addition to which the Tnarii 
bore long pikes,. (hastae,) while each man in the Hastati and Principal carried 

t!,! tz / -f Ta dable . heav y J* a 7 elms i upwards of six feet in length, called Pila. 
ihe j elites had merely a light casque covered with skin, a round buckler, 
{parma,) a sword, and a bundle of darts (hastae velitares.) 

J and Tnarii were each divided into 10 Mardpuli, 

P o l n S mt0 Uvo rT Centuna ^ so that every Legion contained 30 

f'en h ripf W 60 C f. tunae \ Th « Vehfes were not divided into Maniples and 
Centimes, but were dispersed equally among the three heavy armed lines. The 

' Oi. y/v/o is very frequently employed as equivalent to Centuria, and rarely as 
equivalent to Mampulus. (See Liv. VIII. 8, and compare XLII. 34.) ^ ' 

As early as the second Punic War, perhaps earlier, (Aul. Gell. XVI. 4,) the 
Mampuh of the Legion were combined together in battalions called Coliortes. 
Each Legion contained ten Coliortes; each Colors contained three Manipuli 

Trianl w ““i Mani Pf‘ s , f Hastati, one of Principes. , and one of 

Jnani, with their complement ot Vehtes. Observe that the word Colors is 

“ , fieqnentJy employed as a general term to denote any body of soldiers uncon¬ 
nected With the Legion, (Liv. IV. 39. VII. 7. X. 40. XXV. 14. XXX 36 but 

exphdnTd e abova relerenC0 ‘° tl,e Legion ’ a, ' Ta - vs bears the definite signification 

Film SSTon pv rin ? i he /r nd ? poch ’ the Triarii carried ti.e 
ilium, and were styled Ptlam, and hence the two front lines, the Hastati and 

Pi mcipes were collectively termed Antepilani, (Comp. Varro LX. V. § 39 ) and 

these terms were still employed to designate the same divisions after the Pilum 

of the Tnarii had been transferred to the Hastati and Principes The stand 

fte Pr^yrandT'"^ 1 mUS \ have originally been borne between 

) mcipes and the Hastati , and hence the latter, or, in general, those who 

ought m the foremost ranks, are occasionally designated as ° Antesiqnani ' tiie 
front ranks themselves being called Principia. 2 rimesignam, the 

m £Z al ” J °~- ^ : T on : Lhis branch of the service seems to have undergone 
h le change in organization during the three Epochs which we have discussed 

£eX r r 0 7 le Zl ( “ Si ^? ? .fa a< ^ “ t0 each Legion w aras we 

I, e seen ’ oU0 - These were divided into ten squadrons called Tnrmno nf 
tmrty men each, and each Turma into three Decuriae of ten men each ’ At’the 

faT 77, r 3 DeCU P P had a " <**> hTm Thetdo 
tip: ' 111 eac i Torn,a commanded the squadron, and the whole body of 

SffiwSf 4/ e T m f nd ° a V htter times, at leashwas 

Leo-ion in f 1 Alae ' , the term Ala being used to denote the Cavalry of the 

coveth XhrfZl f bee ’,' orig!nalI y “’Ployed in tli field to 

The eqninmen^of thi riv r 17, ln „ the Phalanx were always vulnerable, 

to secure^rsn'idiiv the Cavalry was originally made as light as possible, in order 
‘ 1 ‘ T 111 tTeu evolutions, and their chief weapon was a long, thin, 

1 Liv. II. 20. VII. 33. Vlir. Ii. ix. 39. XXII 5 XXV 
- Liv. II. 65. III. 22. VIII. 10. Sallust lug. 54.' Tacit. Hist. II. 43. 


ROMAN ARMY—THE LEGION. 


385 


flexible lance. But, before the time of Polybius, it had been found advisable to 
furnish them with a cuirass, a substantial buckler, and a strong heavy spear. 
Under the empire foreign Cavalry were to 
be found in the Roman ranks who were 
clad both man and horse in a complete suit 
of chain or scale armour, like those who 
formed part of the host of Antiochus, and 
were called Cataphracti or Loricati 
(Liv. XXXV. 48. XXXVII. 40.) Such 
is the Dacian represented in the annexed 
cut, taken from Trajan’s column. 

Socii of the Third Epoch. —When the 
Senate had resolved to levy a certain 
number of Legions, the Socii were 
called upon to furnish an equal number of 
Infantry, and twice the number of Cavalry. 

These troops were, we have every reason to 
believe, armed, equipped, organized, and 
disciplined exactly in the same manner as 
the Roman Legions, the whole of the 
expense being defrayed by the states to which they belonged. Both in the 
camp and when drawn up in order of battle, the Infantry of the allies was placed 
on the wings of the Legions, and hence the words Ala, Alarii , and Cohortes 
Alariae are employed to designate the whole force of the allies, both horse and 
foot, and the two divisions were distinguished as Dextera Ala and Sinistra Ala. 
.4/a, when used in this sense, must be carefully distinguished from Ala when it 
signifies the 300 Roman horse which formed the Cavalry of the Legion, and 
which received their name in like manner from having been in ancient times 
employed to cover the flanks. After the social war the terms Alarii and Alariae 
Cohortes were applied to the A uxiliares . 1 

One third of the Cavalry and one fifth of the Infantry were always selected 
from the whole body Socii in each army, and attended upon the Consul, under 
the name of Extraordinarii. 2 

(Fourth Epoch.) This may be regarded as including the century which 
immediately preceded and that which immediately followed the Christian Era. 
We have already had occasion to notice important innovations which belong to 
the earlier portion of this Epoch—the free admission of Proletarii, Capite Censi , 
and probably of Lihertini also, which took place under the influence of Marius 
—the removal of all distinctions between Romani Milites and Socii , which was 
a result of the Social War—and, finally, the employment of foreign Cavalry to 
the almost total exclusion of Romani Equites. But in addition to these general 
changes in the constitution of the army, there are some matters connected with 
the organization of the Legion itself which force themselves upon our attention. 

1. From the commencement of this Epoch, the names Hastati , Principes , 
and Triarii, as applied to classes of Legionary soldiers, altogether disappear, and 
we must conclude that the ancient order of battle had fallen into disuse. The 
distribution of the men into Centuriae, Manipuli, and Cohortes still prevailed, 
the mutual relations of these divisions being the same as during the third Epoch, 

1 Aul. Gell. XVI. 4. Liv. X. 40. 43. XXVII. 2. XXX. 21. XXXI. 21. Caes. B.G. I. 51. 
B.C. I. 73. Cic. ad Fam. II. 17. 

2 Liv. XXVII. 13. XXXV. 5. Polyb. VI. 28. 

2 C 





386 


ROMAN ARMY—THE LEGION. 


that is to say, each Legio contained ten Cohortes , each Cohors three Manipuli , 
and each Manipulus two Centuriae. 

2. I he \elites are no longer mentioned, their place being supplied by Iacula- 
tores, Funditores , Scigittarii, and other light-armed auxiliaries, comprehended 
undei the general expression, Levis Armaturo. The ancient word Ferentarii 
is used both by Sallust and Tacitus to designate the skirmishers of an army. 
(Sallust. Cat. 60. Tacit. Ann. All. 35. Varro L.L. "VII. § 57. Non. Marcell, 
s.v. Decuriones , p. 356, and s.v. Ferentarii , p. 357. ed Gerl. Paul. Diac.’ 
s.v. Ferentarii , p. 85. 93.) 

3. The whole of the Legionaries were now equipped exactly alike. AJ1 wore 
the same defensive armour, and all were armed with the Pilum to the exclusion 
of the Hasta. 

4. When it became necessary to execute any rapid movement, a certain 
number of the most active Legionaries were selected, and, having been relieved 
(4 the heavier portion of their equipments, were, for the time beiim, called 
Expediti Milites , Expeditae Coliortes , or the like, but these terms’ do not 
designate a separate class of soldiers. 

5. The foreign Troops were distributed into Cohortes of Infantry and Alae of 

Cavalry, but of the internal organization of these bodies we know little or 
nothing. 

Officers of the Legion.—Tribuni. Centuriones. Optiones. The officers 
of highest rank in the Legion were the Tribuni , of whom there were originally 
three; but when Polybius wrote, the number had been increased to six. & For a 
long period the nomination of the Tribuni was vested in the Consuls, who com¬ 
manded the Legions to which they were attached, but in B.C. 361, the people 
assumed the right of electing as many as they thought fit, and from that time 
forward, or at least from B.C. 311, a portion of them were always chosen in the 
Comitia Tributa, and the choice of the remainder left, as before, to the com- 
manders-in-chief. 1 Polybius asserts, that no one could be nominated Tribunus 
until he had served for ten years in the Infantry, or five in the Cavalry, and 
yyit although occasionally violated, as in the case of the elder Scipio, (Liv. 

A All. 53,) was probably observed with considerable strictness during the 
republic. But among the privileges granted by Augustus to Senators, lie* per¬ 
mitted their sons to assume the Lotus Clavus , (p. 223,) and, if they entered the 
army they at once received commissions as Tribuni, and hence such persons 
were denominated Tribuni Laticlavii? 1 

Each battalion of Socii, corresponding in numbers to the Roman Legion was 
commanded by six Praefecti Sociorum, who were nominated by the Consul’, and 
corresponded to the Tribuni in the Legion. 

Next m rank to the Tribuni, were the Centuriones, sixty in number, each 
avmg the command of a Centuria. They were nominated by the Tribuni , 
who were bound to select the most meritorious; and it would appear that the 
appointments were subject to the approbation of the commander-in-chief. (Liv. 
ALII, oo.) Although each Centurion had the command of one Centuria and 
no more, they were not all upon an equality in rank, but a regular system of 
precedence was established, extending to the whole number. We are led to 
the conclusion that not only was service in the ranks of the Triarii regarded 
as more honourable than in those of the Principes , and in the Principes 

2 Si>et V ()ot 5 v 3 V^ 30, XXVIT ' 3G - XLrL 31 - XLTrr - ,2 - Polyb. VI. 19. 

Angmticlavfus ^ 10 * COmp - ° tho ’ J0 > where we find Mention made of a Tribunus 

t 


ROMAN ARMY—OFFICERS. 


387 


than in the Hastati , but that the Maniples in each line were numbered 
from one to ten, and took precedence according to these numbers. Hence 
there would be a regular gradation from the Centurion who commanded 
the right wing or Century of the first Maniple of the Triarii, down to the 
Centurion who commanded the left wing or Century of the tenth Maniple 
of the Hastati. The Centurion who commanded the right wing of the first 
Maniple of the Triarii, was entitled Primipilus , or Centurio primipili , and 
was said Ducere primum pilum. To his charge was committed the Aquila 
or great standard of the Legion. He ranked next to the Tribunes, and had 
a seat in the Consilium , or Council of War. The first Centurion of the 
Principes was styled Primus Princeps ; the first Centurion of the Hastati , in 
like manner, Primus Hastatus; and these and similar designations were 
retained after the classes of Hastati , Principes and Triarii were no longer to 
be found in the Legion. We have remarked above, that Ordo is by most 
writers used as synonymous with Centuria , and hence, with reference to the 
comparative rank of the different Centuries, we meet with such phrases as 
primi or dines, superiores onlines, inferiores or dines, injimi ordines; and a 
Centurion who commanded one of the higher companies was said Ducere hones- 
turn ordinem. 

Each Centurion had under him a subaltern or lieutenant, named by himself, 
who was termed Optio, and there was also, in each century, an ensign or 
standard-bearer, ( signifer ,) who was probably regarded as a petty officer. 

Legati. In addition to the regular officers of the Legion, a general or pro¬ 
vincial governor usually nominated, with the consent of the Senate, Legati , 
that is lieutenant-generals who 
were not attached to any one 
corps, but who exercised a gen¬ 
eral superintendence under his 
orders, when he was present,’and 
acted as his representatives when 
he was absent. We hear of 
Legati under Consuls and Dic¬ 
tators from a very early period; 
the number seems to have been 
originally two, one for each of 
two Legions which constituted 
a Consularis Exercitus , but in 
after times the number varied 
according to the magnitude of 
the army, and the nature of the 
sendee. 1 


B I I 


B 


C 


D 


D 


F 


G 


H 


A "in e 8i. —The arran gement 

of a Consular Army on the March __ 

( Agmen ) as described by Poly- _ _ _ __ 

bius, will be understood from K | | | | | | | | K 

the annexed representation. A, 

Extraordinarii Pedites. B, . 

Dextera Ala Sociorum (Pedites.) C, Impedimenta belonging to A and L. 
D, Legio Romana. E, Impedimenta of D. F, Legio Lomana. G, Impedi¬ 
menta of F. IF Impedimenta of K. Iv, Sinistra Ala Sociorum. 

1 Lir. IL 59. IV. 17. XLIII. 1. Sallust. lug. 28. Cic. pro Sext. 14. Nepos. Att. 6. 






































388 


ROMAN ARMY—ORDER OF BATTLE. 


or unon^T^flli f ^ ^ . maintam a fixed P osition , sometimes riding in advance, 

the^ear ^of t^p^fvisV ci ^ cums * ance ^ mi |>bt demand, and sometimes falling into 
tne lear of the division to which they belonged.. When anv aonrehensinn 

entertained of an attack, the different corps followed each other Lely,'so aTto 

exhitnt a compact body, and this was termed —Quadrato aqmine incedere 

behM ’ the 

* C ; C r T, ; e dis P°? ition of an arm 7 in battle order (Acies) must, to a great 
by the foice opposed TV'* ““T ° • ‘ he gr0und ’ and up “ tactics a,lo 'p ted 

T ll P , ie const ituent parts of each Legion, so as to insure the greatest amount 
| !l a ?“PP° rt > whether acting on the offensive or defensive. 8 
During the First Epoch, the whole body of the Infantry beinir marshalled In 

upon the rear orflanks being 
...e 


A 

B 

C 


( 1 )- - - - - - 

( 2 )- - - -- - 

(3)- - - - - -- ~ 

sent the 35 Maniples of Hastati, B the 15 Maniples of Prinripes and C th» u 
tuple Maniples, consisting of (1) Triarii , (2) Rorarii and CY \'• 15 


A 

B 

C 


Maniples of Triarii in the rear as a reserve whilp thp VoIP* i • • , 

acted in front or on the flanks as circumstances miht de^ 

m retired through the openings between the Maniples and rallied In D?. dnv “ 
When we reach the Fourth Enoch thp TTnvtnt, z> • • ia ec ! lat}ie rear. 

disappeared, and the Roman generals found by experiencf that if- haTe 

to vary their tactics according to the varvinn nSi ^ WaS " ecessar >- 
their barbarian foes. It would anne-ir tln/r£« n a-f ° f wa , r . fare P ractlsed by 
system, but each cohort was kept distinct and spLs t, of old ^ ‘1° fT ^ 

the Maniples ; the young soldier were 1,0 longer placed n font bnf .b^ 66 " 
was led by the Veterans. s p eu m Iront > but the van 

. ma y now proceed to notice some classes of snlrliovcs i • r. 
immediately after the establishment of the Empire. Unti th^head'wHhaS 






















































ROMAN ARMY—PRAETORIAE COHORTES. 


389 


describe, 1 . Praetoriae Color tes. 2. Cohortes Urbanae. 3. Colortes Viqi- 
lum. 4. Vexillarii. J 

1. Praetoriani. The commander-in-chief of a Roman army was attended by 
a select detachment, which, under the name of Colors Praetoria , remained closely 
attached to his person in the field, ready to execute his orders, and to guard him 
fiom any sudden attack. Unless Livy (II. 20) has carelessly transferred the 
usages with which he himself was familiar, to the earliest ages of the common¬ 
wealth, something analogous to a Colors Praetoria , was to be found in the 
Roman armies soon after the expulsion of the Kings; but Festus seems to have 
ascribed the institution to Scipio Africanus. 1 At all events, bodies of this 
description are frequently mentioned towards the close of the republic, but they 
consisted of individuals selected from the ordinary troops, for a special purpose 
and never constituted a distinct branch of the service. 2 

Augustus, following his usual line of policy, retained the ancient name of 
Praetoriae Cohortes, while he entirely changed their character. He levied in 
Etruria, Umbria, ancient Latium, and the old Colonies, nine or ten Cohorts, 3 
consisting of a thousand men each, on whom he bestowed double pay and 
superior privileges. These formed a permanent corps, who acted as the Imperial 
Life Guards, ready to overawe the Senate, and to suppress any sudden popular 
commotion. To avoid the alarm and irritation which would have been excited 
by presence of such a force in the capital, three Cohorts only were stationed in 
Rome itself, whilst the remainder were dispersed in the adjacent towns of Italy. 
Rut after fifty years of peace and servitude, Tiberius ventured on a decisive 
measure which riveted the fetters of his country. Under the pretence of reliev¬ 
ing Italy from the burden of military quarters, and of introducing stricter 
discipline among the guards, he assembled them at Rome in a permanent camp, 
(Castra Praetoria ,) strongly fortified, and placed on a commanding situation 
at the northern extremity of the Viminal. 4 Their number was subsequently 
increased by Yitellius, to sixteen thousand. 5 6 

The power wielded by the Praetorians was necessarily so great, and was so 
fully appreciated by themselves, that each Prince, upon his accession, found it 
expedient to propitiate their vanity by flattering compliments, and to purchase 
then allegiance by extravagant donations. Their insolence was increased by every 
fresh concession, until at length it reached a climax when, after the murder of 
Pertinax, they put up the empire to sale, and made it over to Didius Julianus, 
as the highest bidder. After the downfal of this pretender, they were disgraced 
and disbanded by Septimius Severus, who, however, revived the institution upon 
a new model, and increased the number to about 40,000. The Praetorians had, 
originally, been recruited in Italy exclusively, and, in process of time, in 
Macedonia, Koncum, and Spam also. Rut under Severus they were composed 
of picked men and tried warriors, draughted from all the frontier legions, who, 
as a reward for good service, were promoted into the Cohorts of the Household 
Troops. 

After the lapse of another century, they were gradually reduced, and their 


1 Paul. Diaa s.v. Praetoria Cohort, p 223. 

2 Sallust. Cat. 60. lug. 98. Cic. in Cat. II. 11. Caes. B. G. I 40. Appian B C IIL 67 V 3 

3 Tacitus says nine , (Ann. IV. 5,) Dion Cassius ten (LV. 24.) 

4 I have used here, and in the sentences which follow, almost the very words of Gibbon 

Cap. 5. 

6 On the rise and progress of the Praetorians, see Tacit. Ann. IV. 1—5. Hist. I. 84 II 93 
III. 84. Suet. Octav. 49. Tib. 37. Dion Cass. LII. 24. LV. 24. LVII. 19. LXXIV. 2. Heroi 
dian. III. 13. Aurel. Viet, de Caes. 39. 40. 


390 


ROMAN ARMY— COIIOETES URBANAE, &C. 


ab ° liS i hed V Di ?, cl , et i an ’. wh0 su PP lied their P lace a great measure 
y e Illyrian legions, called Jovians and Herculians; they were again increased 

Great. 1 " ^ Stfength b7 Maxentius > and finall J suppressed by Constantine the 

v .T h ?. General of the Guards —Praefictus Praetorio —which was 
r tW0 ]- l,ndei ; Piberiusin one, and, at a later period, occasion- 

v l t ^ 6e + i fol l r indlvlduals ’ inci 'eased in importance as the power of the 
Piaetonans themselves increased, and at times was but little inferior to that of 
the Emperor himself. Their duties, in the reign of Commodus, were extended 
so as to comprehend almost all departments of the government, and hence the 
post was sometimes tilled by Civilians, as in the case of the celebrated Ulpian. 

, ' ? f ? r8es Urbanae.—These were a sort of city militia or national guards 

whose duties seem to have been confined to the preservation of orKihe 

Taehus 0 into ^ ins !l tuted b J Augustus, and divided, according to 

Taci us, into three, or, according to Dion Cassius, into four Cohorts, amounting 

in all to s!x thousand men. They were under the immediate command of the 

inched to'tal^im ^ ^ tells US ’ that when Flavius Sabinus was 

ed to take up arms against Yitellms, he was reminded —esse illi nrnnrinm 

militem Cohortium Urbanarum. (Hist. Ill, 64.) 1 P P 

3. Cohortes Vigiium—Augustus established also a body of armed nio-ht 

ti°ons e Gainst fi 0 i bed The 7^ Sp6Cial taSk WaS t0 take al] Precau- 

tions against fne. I hey were divided into seven Cohorts, were composed of 

Libertmi and were commanded by a member of the Equestrian Order who was 
denominated Praefectus Vigiium. (See p. 200.) 3 ’ 

V .? xi,Ia + rii * Vexi,Ia — By comparing the different passages in Tacitus 
where these terms occur, we shall arrive at the conclusion tlmt they bear a 
double meaning, one general, the other special. 1. Vexillarii and Vexilla in 
their widest acceptation, are applied to any body of soldiers horse or foot 

SS* ™lum apart from the ZegioiJ whether cinne^d'or^ 

connected with the Legion, and hence may be used to denote a body of lee-ion 

dUt7 ’ 01 ; a i b0C X 0f recruits not >' et Abated 

pendent of the L^! Z “eat'of VeX tT ***?* Mc ' 

Vexilla—Manipuli . . . Nanportum misd 7 exdla / ‘™ num—Germamca 

2 Vexillarii nnrl T7*w/7« ■ ^ V , missl • • • Vexilla convellunt , &C. 
f* vexilla? n and Vexilla, m a special sense, are applied to the Vote ram who 

; HS 

sir antl prf .^ r re 

they had been previously enrolled W wMch 

denote this class nf ■sr.lrPnrt: * . (™ flJ wor Vexilla is employed to 

connection S th corns’ thoir 

VexiUarii discordium T ' mS ~ 

cundaeque et vicesimae Legionum, &c 3 Vexilla nonae se~ 

T'i ch t0 the 

different sections of th^M^t ofetS Le.^ 

TvhvMiriu: 24 ;r h V“" * **•" *“*^ 

\u-K%s. Digest. I. XV. ■ ■ *• ( n Cass - LV. 20, who calls them 

3 TaCit ' An " 1 20 - * «• W XIV. 31. Hist. I. 31. S3. 70. II. 11 . , tt „ 


ROMAN ARMY—MILITARY PAY. 


391 


Military IPay.— Each of the Equites equo publico, from the earliest times, 
received a sum of money for the purchase of his horse, and was allowed 2000 
Asses annually for its support (p. 72.) The Infantry, however, for three cen¬ 
turies and a-half received no pay. During the whole of that period, the Legions 
usually remained on service for a very limited period each year, being called out 
merely for the purpose of repelling a sudden inroad, or of making a foray into 
the territory of a neighbouring state. As soon as the brief campaign was over, 
the soldiers dispersed to their abodes, and resumed the tillage of their farms and 
the other occupations in which they had been engaged. But when it became 
necessary for the troops to keep the field for a lengthened period, it became 
necessary also to provide for their support, and to afford them such compensation 
for their loss of time as might enable them to contribute towards the mainten¬ 
ance of the families they had left at home. Accordingly, in B.C. 406, exactly 
three years before the period when the Roman army for the first time passed a 
winter in the field, encamped before Yeii, the Senate passed a resolution that 
soldiers should receive pay out of the public treasury— Ut stipendium miles de 
publico adciperet, quum ante id tempus de suo quisque functus eo munere 
esset (Liv. IV. 59.) 1 2 Three years afterwards, when the blockade had been 
actually commenced, (B.C. 403,) those who were possessed of the Census 
Equester , but to whom no Equus Publicus had been assigned, volunteered to 
serve as Cavalry, and to them also the Senate voted pay (Liv. V. 7.) The 
practice thus introduced was never dropped— facere stipendia — merere stipendia 
—became the ordinary phrases denoting military service, and when a numeral 
was attached to stipendium, it indicated the number of campaigns. 

Livy does not state the amount of the pay when it was first instituted; and 
with the exception of a casual expression in Plautus, (Mostell. II. i. 10,) we 
have no distinct information until we come down to Polybius, in whose time a 
private foot-soldier received 3^ asses per day, a centurion double, a dragoon 
three times as much, that is, a Denarius. 2 By Julius Ctesar, the amount was 
doubled— Legionibus stipendium in perpetuum duplicavit; (Suet. Ink 26 ;) 
by Augustus it was farther increased to 10 asses per day, the denarius being- 
now in this as in ordinary computations held to be equivalent to 16 asses, (Tacit. 
Ann. I. 17. comp. Suet. Octav. 49,) and thus each man would receive (In round 
numbers) 9 aurei per annum, to which Domitian added three more— Addidit et 
quantum stipendium militi, aureos ternos , (Suet. Dom. 7,) thus making the 
sum an aureus, or 25 denarii, per month. The Praetorians had double pay. 
(Dion Cass. LIII. 11. LIV. 25. Tacit. 1. c.) 

The state provided the soldier with clothes and a fixed allowance of corn; 
but for these a deduction was made from his pay, and also for any arms which 
lie might require. (Polyb. Tacit. 11. cc. comp. Pint. C. Gracch. 5.) 

The allied troops ( Socii ) were clothed and paid by their own states, and 
received gratuitously from the Romans the same quantity of corn as the legion¬ 
aries. (Polyb. 1. c.) 

Piacmia. ,4'onnnoila.—Towards the close of the republic and under the 
empire, it became customary, when soldiers received their discharge upon com- 

1 This is one of the many instances in which Niebuhr refuses to admit the accuracy of 
Livy’s statements , hut I am unable to perceive the force of his arguments, or, rather, asser¬ 
tions. 

2 Polybius (VT. 37.) says that the legionary received 2obolsa-day; but he, in common with 
other Greek and Homan writers considered the Greek drachma and the Roman denarius as 
equivalent, and we know from Pliny ( H.N XXX. 3) that for a long period the Denarius, in 
computing military pay, was held to be equal to ten asses only. (See Tacit. Ann. I. 17.) 


392 


ROMAN ARMY—PERIOD OF SERVICE. 


pleting their regular period of service, to assign to each a portion of land or a 
gratuity in money. Sometimes large bodies of veterans, in accordance with the 
policy followed during the subjugation of Italy, (p. 88,) were transported to 
the remote frontier provinces, and there established as military colonies All 
such rewards tor service were comprehended under the general term Praemia or 
Commoda Missionum—Commoda emeritae militiae, &c.—and corresponded 
with the system of military pensions common in modern times. 1 

Period Of service— In the earlier ages, when the campaigns were of short 
duration, every Roman citizen possessed of a certain fortune, and between the 
ages of seventeen and forty-six, was bound to enrol himself as a soldier, if called 
upon, without reference to Ins previous service. In process of time, however when 
large armies were constantly kept on foot, and the legions often remained long 
in foreign countries it was found expedient to limit the period, and before the 
time of Polybius it had been fixed to twenty years for the Infantry and ten years 
for the Cavalry. Each individual who had completed this term was exempted for 
the lutme, was styled Emeritus, and was entitled to a regular discharge (Missio ) 
A discharge granted in this manner was termed Missio honesta, but if obtained 
in consequence ot bad health or any special plea, Missio causaria. Those who 
thought ht to remain m the Legions after they had a right to demand their 
Missio .were called Veteram, and those who had received their Missio but were 
induced again to join in compliance with some special request, were named 
hbocati. ' Augustus, in B.C. 18, restricted the regular period of service for the 
Legmnanes to sixteen years, and for the Praetorians to twelve, (Dion Cass 
• “ ; b) bu t subsequently (A.D. 5) it would appear that the old system was 
enewed, the Praetorians being required to serve for sixteen and the Legionaries 

nfVfWm ye f 1S ’ at th f i e TnnA Which they were t0 receive a bounty (praemium) 
of -.0,000 sesterces and 12,000 sesterces respectively (Dion Cass LV 28 f This 

arrangement was again modified under Tiberius, inconsequence of the mutiny in 

Pannoma, to this extent, that the Legionaries were not to be entitled to the full 

Mi&sw until after twenty years, but that after sixteen years they were to receive 

a partial discharge, termed Exauctoratio , in virtue of which‘they were to be 

separated from the Legion, to be exempted from all ordinary laborious tasks 

and to be marshalled by themselves under a distinct banner --Missionem dari 

vicena stipendia mentis; exauctorari qui sena dena fecissent, ac reZeriZ 

vexillo ceterorum immunes nisi propulsandi hostis (Tacit. Ann. I. 36.1 It is 

. ^ n ? nieaas A clear ’ how ever, that this was not the system which had been 
mtioduced by Augustus when he revived the ancient period of service and that 
themulmy was not partly caused by a want of good faith in carrying om these 

military Stamiai-ris — (Signa. Vexilla .) The military standard of 
pnmmve ages is said by Ovid (Fast. III. 117) to have been a wisp or handful 
Of hay or straw attached to the end of a long pole Plinv (W isr Y a\ f,, 
that up to the second consulship of Marius (BC104 Z„f W , US 
annuals forced the standards J the Zc^btu 

that after that date the eagle alone was retained— Romanis earn (sc aauilam) 
legiombus C. Marius in secundo consulatu suo proprie dicavit ' Erat et 
antea pnma cum quatuor aliis: Lupi, Minotauri , Equi, Aprique sinmlnl 
oj dines anteibant. Faucis ante minis sola in aciem portari coenta trat * 
rel, q ua ln castns rehnquebantur. But although the eagl^ (Aquila/ZZ ^ 

1 Tacit. Ann. I. 17. Suet. Octav. 49. Calig. 44. 


ROMAN ARMY—MILITARY REWARDS. 


393 


to be at all times the great standard of the Legion, and as such was committed 
to the custody of the Primipilus, we must not suppose that it was the only 
standard; on the contrary, it is certain that each Cohors and each Centuria 
ad its own standard, and judging from the numerous representations of such 
objects on coins, on the column of Trajan and other ancient monuments, they 
must have assumed a great variety of 
different forms. The Denarius of M. 

Antonius, of which -we annex a cut, 
represents the form of the legionary 
eagle, and two other standards, at the 
close of the republic. (See also the 
figure in page 376.) It has been con¬ 
jectured that while Aquila denotes the great standard of the whole Legion 
Signmn denotes that of a Cohors , and Vexillum that of a Centuria, but These 
distinctions are certainly not uniformly observed. 

The standards marked out the various divisions and subdivisions of the 
Legion, so as to enable each soldier readily to fall into his place, and the move¬ 
ments of the standards in the field indicated at once to a spectator the evolutions 
performed by the different corps to which they belonged. Hence the phrases 
Signa infer re, to advance; S. referre , to retreat; S. Convertere , to wheel; 
Signa conferre—Signis collatis conjiigere , to engage; urbem intrare sub signis 
—sub signis legiones ducere , in regular marching order; ad signa convenire , 
to muster; a signis discedere, to desert; and many others which can occasion 
no embarrassment. The expression Milites Signi unius (e.g. Liv. XXV. 23. 
XXXIII. 1.) is, however, of doubtful import,.and we cannot with certainty decide 
whether it signifies the soldiers of one Maniple or of one Century. 

Military Rewards. —These may be classed under two heads, according as 
they were bestowed upon the commander-in-chief, or upon the subordinate 
officers and soldiers. The great object of ambition to every general was a 
Triumphus , or, failing that, an Ovatio; the distinctions granted to those inferior 
in rank to the general consisted, for the most part, of personal decorations, 
Coronae , Phulerae , &c. 

Triumphus. —A Triumph was a grand procession, in which a victorious 
general entered the city by the Porta Triumphalis , in a chariot drawn by four 
horses, ( Quadriga ,) wearing a dress of extraordinary splendour, namely, an 
embroidered robe, (Toga picta,) an under garment flowered with palm leaves, 

( Tunica palmata ,) and a wreath of laurel round his brows. He was preceded 
by the prisoners taken in the war, the spoils of the cities captured, and pictures 
of the regions subdued. He was followed by his troops; and after passing along 
the Sacra Via and through the Forum, ascended to the Capitol, where lie 
offered a bull in sacrifice to Jove. A regular Triumph (iustus Triumphus ) 
could not be demanded unless the following conditions had been satisfied. 1. The 
claimant must have held the office of Dictator, of Consul, or of Praetor. It is 
true that Pompeius triumphed twice (B.C. 81 and B.C. 71,) before he had held 
any magistracy, but the whole of his career was exceptional. 2. The success 
upon which the claim was founded must have been achieved by the claimant 
while commander-in-chief of the victorious army; or in other words, the opera¬ 
tions must have been performed under his Auspicia. (p. 111.) 3. The campaign 

must have been brought to a termination, and the country reduced to such a 
state of tranquillity as to admit of the withdrawal of the troops, whose presence 
at the ceremony was indispensable. 4. Not less than 5000 of the enemy must 




394 


ROMAN ARMY—A TRIUMPH. 


♦ 

have fallen in one engagement. 5. Some positive advantage and extension of 
dominion must have been gained, not merely a disaster retrieved, or an attack 
lepulsed. G. The contest must have been against a foreign foe ; hence the 
expression of Lucan, when speaking of Civil Wars 1 — 

Bella geri placuit nullos habitura triumplios.—I. 12. 

W hen any important exploit had been performed by an army, the general 
forwarded a despatch wreathed with laurel ( Literae laureatcie ) to the Senate, who 
genet ally ordeted a public thanksgiving, ( Supplicatio ,) and upon his return 
gave him audience in some temple outside the walls. The Senate at all times 
maintained that it was their prerogative to decide whether the honours of a 
Itiumph should be conceded or withheld; but in this, as in all other matters 
connected with public business, the people occasionally asserted their rfoht to 
exeicise supreme control, and consequently we find examples of generals cele¬ 
brating a Triumph by permission of the people in opposition to the opinion of 
the Senate. “ W hen it was settled that a Triumph was to take place, one of the 
tribunes of the Plebs applied to the Comitia Tributa for a PleUscitum to suspend 
t re principles of the constitution during the day of the ceremony, in order that 
the general might retain his Imperium within the city. 3 

Roman generals who had petitioned for a Triumph, and had been refused, 
frequently indulged in a similar display on the Mons Albanus , concluding with 
a sacrifice to Jupiter Latiaris. 4 

Triumphus Navalis. —A Triumph might be celebrated for a victory gained by 
. Th^se were comparativeiy rare; but we have examples in the case of C. 
Dudhus, (B.C. 260,) of Lutatius C/itulus, (B.C. 241,) and a few others. 5 
Triumphs under the Empire.— The Prince being sole commander-in-chief of 
the armies of the state, all other military commanders were regarded merely as 
his Leg atp and it was held that all victories were gained under his Auspicia , 
however distant he might be from the scene of action ; consequently he alone 
was entitled to a Triumph. Hence, although Augustus in the early part of his 

caieei, before his position became secure and well 
defined, permitted his subordinates to celebrate 
Tiiumphs, this honour was not granted to any 
one not belonging to the imperial family after 
B.C. 14 ; but instead of Triumphs, certain titles 
and decorations,, termed Triumphalia Orna- 
nientci , weic instituted and freely bestowed. 3 
Decoiated arches were frequently built across 
the sheets through which the triumphal pro¬ 
cession. defiled. These were originally, in all 
probability, mere temporary structures; but 
under the empire they frequently assumed a 

tectural skill, and ornamented ^“2^ 

37.“ L Poiyb.Vr T 'll!' SyVxho XXIX ' 4 ‘ and 0n the 0tfier hand Liv - IIL 63 - VII. 17. X. 
s Liv. XXVI. 21. XLV 35. ' 

l Ifo' E^tXVII^xIxvif 'ft ^f, XV - 3S ' Plut - Marcell. 22 . 

XLix. C 42. LIV. l’l 7 24. ^ “ UL P ^^ Octav. 9. 38. Dion Casa. 













ROMAN ARMY—MILITARY REWARDS. 


395 


are the arches of Titus, of Severus, and of Constantine, still extant, of which we 
have given representations in Chapter I., and such objects are often delineated 
upon coins, as in the cut at the bottom of the last page, from a large brass of 
Nero. & 

Ovcitio. This was a procession of the same nature as a Triumph, but much 
ess . goigeous, and was conceded to those who had distinguished themselves 
against the enemy, without having performed any achievement of sufficient 
importance to entitle them to a Triumph, or who were unable to fulfil all the 
conditions enumerated above. In this case, the general entered the city on foot, 
01 , m later times, on horsebacK, attired in a simple Toga Praetexta , frequently 
unattended by troops, and the display terminated by the sacrifice not of a bull, 
as m the case of a Triumph, but of a sheep—and hence the name Ovatio. 1 

Coronae , Plialerae , fyc. Coroncie were wreaths or chaplets worn on the 
head, or carried in the hand, on public occasions, and were distinguished by 
i arious names, according to their form and the circumstances under which they 
were won. The most honourable of all was the Corona Ciuica, bestowed upon 
those who had saved the life of a citizen ; (ob Cives Sei'vatos ;) it was made of 
oak leaves, and hence termed . Quercus Civilis— the Corona Vallaris s. 
Castrensis was given to the individual who first scaled the rampart in assaulting 
the camp of an enemy—the Corona Muralis to him who first mounted the 
bieach in storming a town—the Corona IVavalis to him who first boarded a 
hostile ship—a Corona Rostrata was presented by Augustus to Agrippa after 
the defeat of Sex Pompeius—a Corona Obsidionalis was the offering of soldiers 
who had been beleaguered to the commander by whom they had been relieved, 
and was made of the grass which grew upon the spot where they had been 
blockaded. 2 

Plialerae were ornaments attached to horse furniture, or to the accoutrements 
of the rider; besides which, various decorations for the person, such as collars of 
gold, ( Torques ,) Armlets, (Armillae,) Clasps, ( Fibulae ,) and similar objects, 
were among the marks of honour given and received. 

Spolia , that is, armour or weapons taken from the person of a vanquished foe, 
were always exhibited in the most conspicuous part of the house of the victor, 
and the proudest of all military trophies were Spolia Opima , which could be 
gained only when the commander-in-chief of a Roman army engaged and over¬ 
threw in single combat the commander-in-chief of the enemy, ( quae dux Populi 
Romani duci hostium detraxit.) Roman history afforded but three examples 
ot legitimate Spolia Opima. The first were won by Romulus from Aero, King 
of the Ceninenses, the second by Aldus Cornelius Cossus from Lar Tolumnius” 
King of the Veientes, the third by M. Claudius Marcellus from Virodomarus, a 
Gaulish chief, (B.C 222.) In all cases they were dedicated to Jupiter Fere- 
trius, and preserved in his temple. 3 

Military jPumshim'jsts.-Slight offences were punished with stripes or with 
blows with a stick, and these were generally inflicted summarily by the cen¬ 
turions, who, for this purpose, carried a vine sapling, which was regarded as 


1 Liv. III. 10, XXYI. 21. Paul. Diac s.v. Orantcs. p. 195. Aul. Gell V 6 Plin TT N 
XV. 29. Flor. III. 19. Pluf. Marcell. 22. Dion Cass. XLVIII. 31. XLIX. 15. LIV. 8. 33 LV 2 
Serv. ad Virg. iEn. IV. 543. 

2 See Aul. Gell. V. 6. Liv. VI. 20. VII. 10. 26. 37. 47. 41 IX. 4G. X 41. 47 XXII 5! 59 
XXIV. 16. XXVI. 21. 48. XXX. 15. XXXIX. 31. Epit. CXXIX. Tacit. Ann II. 9 83 III 
21. XV. 12. Plin. H.N. VII. 30 XXL 4. XXII. 4. 5. Suet. Claud. 17. Paul. Diac. s. v. 
Nava1 1 corona, p. 163. Vopisc. Aurelian. 13. 

3 Liv. I. 10. IV. 20. Epit. XX. Fest. s.v. Opima spolia. p 186. Plut. Marcell 8 Corn 
Nep. vit. Att. 20. comp. Val. Max. III. ii. 6. Dion Cass. XLIV. 4. LI. 24. 


396 


ROMAN ARMY—THE CAMP. 


More serious violations of discipline, such as disobedience, 
deseition, mutiny , 01 theft, were visited with death. The sentence was carried 
into effect in various ways, by beheading, by crucifixion,^^d sometimes bl 

^2 v l UStuariun }' wh j ch was analogous to running the gauntlet. When a 
soldier vas condemned to undergo this, one of the tribunes touched him with a 
stick, upon which all the soldiers of the legion fell upon him with stonesId 

life S Lr if rr ■' CSpat " hlm ‘ He was > however, allowed to run for his 
Jite, but if he escaped, could never return home. 2 When some crime had been 

commuted which involved great numbers, every tenth man was chosen by lot 

of an , d 5 1S was calIed Decimatlo. 3 Under the empire we hearalso 

o f ^ c “° and Centesimatio. (Capitolin. Macrin 12 d 

for R ° man armj WaS in the field ’ ^ never halted, even 

the whole of ilfp t wlthout ; throwing up an entrenchment capable of containing 

and such an^essentitd^ea^re 1 ^!! thdr^^ten^'did^forai'^ha^tlie^^d^'^f*^ 
quently used as synonymous with „ /anarch, t d’a so w 7arfarX 
XXXVIIlhi f y*P~-« ‘ertiis Castris AncyraMper^ulu 

measurements, and drew all the lines: L * ° 13 as t ] ieu base, made all the 

working as sion as theyhie un and S7,f > eMbIe tlie suWiers to ^gin 
of the various divisions 0 7 f which the “mv wafL “ 'T® a PP ro P riated to each 
knmv at once where his qtwlet “<* 

P^li S p e . I C^^“” ! )'w^ o^cted of wooden 1 sta^es^ua/Zt—salfes^^certa' a 

clear space of 200 fe* f, t0 " Is - A 

the tents. The relative Dosition nf tie \-J eft 10imd between the vallum and 
by studying the annexed plan and ti e dlff f ent P arts Wl11 be readily understood 
it being premised that 5, 1 explanation by which it is accompanied, 

consular army, consisting of two leo-hf* 1 ^ 1S u° ne Ca ? ulated to accommodate a 

SOO cavalry, ^together^wUh^thrhsimT'lsoinpIemen^of^oat^ that 1"***"^ an< ? 
rtsoo ^ and doubie ^ 


l nxV'xWrf'ZK?!?- HN - x >v. 

T S C i t ' A , n I n ’ I[ - 2I : ' ' ' XVI1 ' 2J - XXX ' *■ VI. 37. Cic. Philipp. HI. 6 

13. Twit W’sriSrttAlWvr'i? Plut. Cras.. 10. Sect. Octav 24 r if 

ti.*tomv.u xxiv - ,r sgvss snrtertrl 


HOMAN ARMY—THE CAMP. 


397 


A Porta Praetoria. B 



areas. We have supposed the Praetorium to face towards CD ; but this is a 
disputed point. 

In the middle of the side AB, which was always the side nearest to the enemy, 
was a gate, 0—the Porta Praetoria . 

In the middle of CD, the side farthest from the enemy, was a second gate, 0 
—the Porta Decumana. 

The whole Camp was divided into two unequal parts, which wo may dis¬ 
tinguish as the Upper and the Lower portions, by a road, 100 feet broad, which 
ran right across parallel to the sides AB, CD. This road was called Principia; 
and at each extremity of the Principia a gate, 0, was formed in the sides 
AC, BD ; these were respectively the Porta Principalis Dextra , and the Porta 
Principalis Sinistra. 

The Upper portion of the Camp, that, namely, which lay between the Prin- 


Porta Principalis Sinistra. 













































































































































398 


HOMAN ARMY—THE CAMP. 


cipm and the side AB, contained about one-third of the space embraced bv the 
lower portion. The principal object in this division was the Praetorium, (?) 
winch stood in the centre of an open square, extending 100 feet on each side of 
it. Tight and left of the Praetorium , at Q and F, were the Quaestorium , the 
quarters of the Quaestor and of those immediately connected with his depart- 
ments, and the Forum , the public market of the Camp; but it is uncertain on 
winch side of the Praetorium they were respectively situated. 

Along the straight line, EG, which forms the upper boundary of the Principia 
were ranged at the points marked by dots, the tents of the twelve Tribuni 
belonging to the two legions; and, in all probability, along the same line, nearer 
to its extremities, were the tents of the Praefecti Sociorum. 

I he/ rmcijna may be regarded as the great thoroughfare of the Camp. Here 
tne altar for sacrifice was raised, and beside the altar, as befitted their sacred 
character, stood the standards, or at all events, the Aquilae of each legion, 
n the spaces marked 7, 8, 9, 10, and the corresponding spaces on the opposite 

t J; Ifr Ti, We S the Staff 0f llie S eneral ’ Ending probably th 
Legate together with the Pr actor la Colwrs, the bodyguard of the general 

consisting chiefly of picked men selected from the Extraordinarii; 7^ and 8 

iL ' e 4 C rt 7, T C ii 8 ‘ t0War ! S the Praetormm i 9 and 10 infantry, facing towards 
towanlfthp P• ;ere • lhe 1 nder of the Extraordinarii Equites, facing 
o-in !™ nci P m ; 111 12 ' the remainder of the Extraor dinar ii Pedites, 

7 ton aids the rampart. The space 13 was devoted to troops not included 
in a regular Consular Army, who might chance to be serving along with it. 

the C n mp ’ t ! iat ’ namelj ’ which la J between the Prin- 

i ffantiw n l 1 CD t W3S devoted t° the 9 uarters of the ordinary troops, 

nar s : hv'a m d ho f \ e - l ?] VAnes ] and Allies * It was divided into two equal 

called 50 feet J Vlde ’ which ran P arallel t0 the Principia , and was 

called \ia Quintana. The tents were all pitched in the twelve oblong com- 

paitments represented on the plan, six above and six below the Via Quintana 

divided from the one next to it by a road or 
passage ( Via) 50 feet broad; each compartment was 500 feet lone/ and each 
vas divided transversely into five equal compartments, eacli 100 feet lono- by 
lines drawn parallel to the Principia , and again longitudinally into two °com- 
partmen s by hues drawn parallel to the sides AC, BD, ab being in length 200 
feet, be 13og, de 100, ef 100, gh 50, hi 100, the remainder of the same^dimen- 
f ons m a averse order, kl 100, lm 50, no 100, op 100, qr 133/ rs 200 We 

spaces and f^m^hel COm P artments each divided into tin rectangular 
spaces, and fiom the data given above, we can at once calculate the area of each 

It will be seen that a line drawn from the Porta Praetoria to the Porla 
Becumana would pass through the centre of the Praetorium dividing- the 
Camp into two equal parts; and it will be seen by 

hese two parts are in every respect perfectly symmetrical. In explaining how the 

nLz: „ a :r?b d ’ ii t" be ***?? ,o ^^ 

O this line only, tor one Legion, with its complement of Socii , lay on the rig-lit 
band, and the other on the left hand, while every compar men? toth in the 
upper and lower portion of the Camp, belonging t„ the CZ upon one aide 


, eaCh COnt t ing 10,000 Sf|uarefeet - were Equites 
and horses. spaces be “S by one Turma of 30 men 


ROMAN ARMY—THE CAMP. 


399 


In the spaces marked 2, each containing 5000 square feet, were the Triarii 
of the Legion, each of the ten spaces being occupied by a Manipulus of 60 
men. 

. ^ ie spaces marked 3, each containing 10,000 square feet, were the Prin- 
cipes of the Legion, each of the ten spaces being occupied by two Manipuli of 
60 men each. 

In the spaces marked 4, each containing 10,000 square feet, were the Hastati 
of the Legion, each of the ten spaces being occupied by two Manipuli of 60 
men each. 

In the spaces marked 5, each containing about 13,300 square feet, were the 
Equites Sociorum , each ot the ten spaces being occupied by 40 men and horses, 
making in all 400, the remaining 200 being quartered apart in the upper Camp 
among the Extraordinarii. 

Finally, in the spaces marked 6, each containing 20,000 square feet, were the 
Pedites Sociorum , each of the ten spaces being occupied by 240 men, making 
in all 2400, the remaining 600 being quartered apart in the upper Camp among 
the Extraor dinar ii. 

The tents all faced towards the Vine which formed their boundaries ; those 
in the spaces 1, 3, 5 facing towards BD, those in 2, 4, 6, towards AC. 

It will be observed that nothing has been said regarding the quarters of the 
Velites. Polybius leaves us altogether in the dark upon this point. 

Watching the Camp. —Pickets of Cavalry and Infantry, called Stationer, 
were thrown forward in advance of the different gates, to give timely notice of 
the approach of a foe; and in addition to these, a strong body of Velites was 
posted at each gate to prevent the possibility of a surprise. These were called 
Custodes s. Custodiae. Finally, a number of sentinels, ( Excubiae ,) taken also 
from the Velites , kept guard (agere excubias ) along the ramparts, while others 
taken from the Legions were stationed at the quarters of the general-in-chief and 
other principal officers, and were dispersed among the tents and Viae. All these 
precautions were observed during the day, and were of course redoubled during 
the night, which, reckoning from sunset to sunrise, was divided into four equal 
spaces called Vigiliae , the night guards being termed specially Vigiles , (agere 
Vigilias ,) while Excubiae and agere Excubias applied both to night and to 
day. The ordinary duty of going the rounds ( Vigilias circuire ) was committed 
to eight Equites , four from each Legion, who were changed daily, and the most 
effectual precautions were taken to ascertain that they performed their task fully 
and faithfully. 

The watchword (Signum) for each night was not passed verbally, but was 
inscribed upon small tablets of wood, (Tesserae,) which were delivered, in the 
first instance, by the commander-in-chief to those legionary Tribunes who were 
upon duty, and by these to four men in each Legion called Tesserarii, by whom 
the Tesserae ’were conveyed to the tents most remote from the Principia , and 
thence passed along the line from Turma to Turma , and from Manipulus to 
Manipulus , until they again reached the hands of the Tribuni. 

Attack and t&cfcncc of Fortified Places.— In laying siege to a fortified 
town or other place of strength, one of two methods was adopted: either, 1. An 
attempt was made to force an entrance, in which case the process was termed, 
Oppugnatio , and, if successful, Expugnatio: or, 2. A blockade was formed, and 
the assailants calculated upon starving out the defenders. This was called 
Obsidio. 

Oppugnatio. Urbem Oppugnare. If the town was of small size, and 


400 


ROMAN ARMY—SIEGES. 


“•° n rV ide ’ wh l Ie the force at the disposal of the besiegers was 

LCedV/blfZ YT r a f ‘*>-8® of upI thosTwh^ 

*si d r^ 

time, endeavoured to burst open the gates. 1 ’ at ™ 

When the town from its size, the strength of its defences, and the numbers of 

of st^ess°a ? rerala^siew ^ maimer with an 7 reasonable prospect 

or success, a legular siege was formed; one or two points were selected 

constucIal OPe The 0nS r ^ principally directed, and elaborate works § were 
constiucted The great object was to demolish the walls, so as to make 1 

as? 

in order to enable the soldiers who were to be engaged in fillino- un the 

r : 1 «x r tailXof tc ers afforded ^ t: 

nused so as to equal them in elevation Upt 7 ulTof *t hi o tim ° 
towers— Turres _ were h n ;n u .f ! 1 e summit ot this, one or more 

other circumstances, rendered it difficult nr im -fi ? ature 0 the ground, or 

Sms## r?“ r " & 

and hazardous 7 g lieight rendered Such an Ration very difficult 

the°wans! and 7 wMta'the Town A* °- f passin S " ,k1ct 
mg the capture of Yeii. (See Liv. V. 19 . 21 . XXIII i^YYYvnV v^ 1 ’ 68 ^ 

tiponl Verily oTcT™m s ta“ fi tdnehn ^ nec f sari 'y de P e " d i" its details 

the skill of the enZ"rXTd hi avtd • ^ f ° r , each P artioular ^e; and 

srv;;;^ 

EES! rri 

ss."£s2s?s vs 


ROMAN ARMY—SIEGES—MILITARY DRESS. 


401 


employed with great effect by both parties, but they appear to have been 
directed entirely to the destruction of life, and not, although some of them shot 
stones of immense size, to battering in breach. 

Obsidiu. Urbem Obsidere s. Obsidione Gingere. It is obvious that the system 
described above could not have been pursued against a town or castle built upon 
a lofty eminence, or strongly fortified by nature. Hence, when it was desired 
to reduce a place of this description, recourse was had to Obsidio. In order to 
render this effectual, the place besieged was, if practicable, surrounded by a 
double wall, ( Circumvallare—Circumvallatio ,) strengthened at intervals with 
towers, the inner wall being intended to resist any sally upon the part of the 
townsmen, the outer to repel any attempt at relief from without. 

The defence, on the other hand, was in each case varied to meet the par¬ 
ticular form of attack. Every effort was made to delay the progress of the 
works, and destroy the machines, by frequent sallies, ( eruptiones ,) and since 
the materials employed in constructing the Vineae and Turres were all of a 
combustible nature, it often happened that they were repeatedly consumed by 
fire. Ingenious contrivances were devised for deadening the shock of the Aries, 
and for seizing and lifting it up, so as to prevent it from being propelled with 
effect; huge masses of stone were cast down upon the Vineae , crushing every 
thing before them by their weight; mines were met by counter mines— tranversis 
cuniculis Jiostium cuniculos excipere; Turres were erected opposite to, and 
more lofty than those upon the Agger; the Agger itself was undermined, and 
the earth withdrawn; when a portion of the wall was shattered, a deep trench 
was dug behind the breach, a new wall raised behind the trench, and a multi¬ 
tude of schemes contrived and executed, which may be best learned by reading 
the accounts which have been transmitted to us of some of the more remarkable 
sieges of antiquity, such as those of Syracuse, (Liv. XXIV. 33, &c.,) of 
Ambracia, (Liv. XXXVIII. 4,) of Alesia, (Caes. B. G. VII. 68.) of Marseilles, 
(Caes. B. C. II. 1.) and of Jerusalem, as recorded by Josephus. 

Military Dress.-The cloak, or upper garment, worn by the soldiers on 
service, was termed Sagum , in contradistinction to Toga , the garb of the peaceful 
citizen. In the case of any sudden panic, it was assumed by the whole body 
of the people, who in such a case were said— Saga sumere—Ad Saga ire — In 
Sagis esse. It seems to have been worn by officers as well as common soldiers, 
for we find the garment of the latter sometimes distinguished as Gregale Sagum. 
The characteristic dress, however, of the general-in-chief and his staff, was the 
Paludamentum , which, although less cumbrous than the Toga , was more 
ample and graceful than the Sagum. When a Roman magistrate quitted the city 
to take the command of an army or of a Province, he threw off the Toga as 
soon as he had passed the gates, and assumed the Paludamentum. Hence he 
was said— Exire paludatus , and on such occasions he was usually preceded by 
Lictorcs paludati. 

The Caliga was a shoe, or rather a sandal, worn by the common soldiers, 
who are hence termed caligati , and is used figuratively to denote service in the 
ranks. Thus Seneca— Marium Caliga dimisit? Consulatus exercet. (De 
brev. vit. 17.) Again— Ingratus C. Marius , ad Consulatum a Caliga per- 
ductus. (De Benef. V. 16.) And Pliny— Iuventam inopem in Caliga militari 
tolerasse. (H.N. VII. 43.) It was very heavy, and studded with nails. Hence 

1 Cic. Philipp. V. 12. VTII. 11. XIV. 1. 

2 Liv. VIII. 34. comp. XXVII. 19. XXX. 17. Sil. IV. 518. XVII. 527. 

3 Cic. ad Fam. VIIL 10. Liv. XLI. 10. XLV. 39. 

2 D 


402 


ROMAN ARMY—MILITARY DRESS. 


Juvenal enumerates, among the inconveniences of jostling in a crowd_ Planta 

mox undique magna = Calcor et in digito clavus mihi militis haeret (S. Ill 
and agam, when descanting on the folly of exciting the hostility of a 
throng of soldiers-- Cum duo crura habeas , offendere tot caligas , tot = Millia 
davorum (S. XVI. 24.) Caius, the son of Germanicus, who was reared in the 
camp, wore the Caliga when a child, out of compliment to the soldiers, and hence 
acquired the nickname of Caligula , by which he was familiarly distinguished 1 
It must be observed, that the most striking illustrations of military costume 
and equipments contained in Montfaucon, and other great works upon Anti- 
quities, are derived to a great extent from the sculptures upon Trajan’s column, 
and therefore depict the soldier of the empire. We have given, in p 376 repre- 
sentatmns of two legionaries and a standard-bearer, and we now subjoin a figure 

o a th ,L Empe T + hi r el U1 h f drGSS aS a geuera1 ’ and also of a stone caster and 
l a p T ger ’ a11 ta ken from the monument in question. These show clearly the 
geneial aspect of the common legionary soldiers and also of the irregular troops 

Ie e Fmn k W0 * ra hy {hQ . Sl ^f e \ 18 probably the ordinary Sagum, while that of 
e Emperor is unquestionably the Paludamentum. 



IE—Ships and Naval Warfare. 2 

cariLuim'r wL a,! ' a 'f 3 - W !' ich , ’I” 0 bw:n P ractised by mankind from the 
than ta SS of ‘he ancients to the moderns more conspicuous 

km kthis ITnar menf T " atl0ns which became most celebrated for their 

but were worn to Z ’ att ? mpted *° keep the sea during winter, 

Close of e * 1 1 , "P (subducere) their vessels upon dry land towards the 

e uLctiT n0t - t0 haul them d °™ ,0 L until tile Stormy 

■me hwV 7 f P -' ng were past ’ 0 P era tions which they performed by 
machines (Trahuntque s,ocas machinae Carinas) called Phalan/aej consisting of 

2 Thpm A ?'' I ' 4, ‘ Suet - 0ctav - 25. Cali?. 9. Vitell. 7. 
fare, are collecte^^if^cm^FPRTT ''' ancicnt writers connected with Ships and Naval War 
information illlhe fou nd in arecenHv n,S iV H 1 ”" Uhsal - '«*• Much valuable 

The Voyage and Shipwreck of St. /W,' Lon. 181 ^ W ° rk by Mr ' Smith ° f Jorda ni»iib entitled, 
or. C. I. iv. 2. Varro ap. Non. s.v. palangae, p. 111. ed Gerl. 






















SHIPS. 


403 


a system of rollers, acting probably somewhat in the same manner as what is now 
called a patent slip. The Romans especially, notwithstanding the great extent 
of sea coast presented by Italy, never became addicted, as a people, to maritime 
pursuits; and in all matters connected with nautical affairs, were far surpassed 
by the Phoenicians and Tyrrhenians of the early ages, and by the Athenians, 
Carthaginians, Cretans, and Rhodians of a later epoch. Hence we shall not be 
surprised to find their language very defective in the technical terms connected 
with ships; and although ancient vessels, especially in so far as the rigging was 
concerned, were infinitely more simple in their structure than those now in use, 
there are many essential parts which we never find named in any Latin classical 
author, and several others, preserved in the grammarians, which have been 
borrowed without change from the Greek. 

All sea-going vessels, throwing out of view for the present mere boats, skiffs, 
and small craft, may be divided into two classes, with reference to the purposes 
to which they were applied. 

1. Merchantmen. ( Naves mercatoriae — onerariae .) 

2. Ships of War. ( Naves bellicae — longae — rostratae — aeratae.) 

The former were propelled chiefly by sails, the latter, although often fully 
rigged, depended, in all rapid evolutions, upon rowers, of whom they carried 
great numbers. 

We shall first describe an ancient ship generally, including those parts which 
were common to both classes, and then point out the peculiarities which dis¬ 
tinguished the war galleys. 

Everv ship (Navis) may be regarded as consisting of two parts: 1. the Hull, 
( Alveus ,) and 2. the Tackling (Arrnamenta.) 1 

Alveus.— The Alveus was made up of, 1. The Keel (Carina.) 2. The Prow 
or fore part of the ship ( Prora .) 3. The Stern or after-part of the ship ( Puppis .) 
4. The Hold, (Alveus in its restricted sense,) which contained the cargo, crew, 
and ballast (Sdburra.) The Well, or bottom of the Hold, was called Sentina; 
into this the bilge-water (Nautea) drained, and was drawn oft by a pump 
(Antlia.) The Ribs or frame-work were termed Costae or Statumina ; 2 the 
Planking Tabulae , the seams of which were payed with wax, pitch, or similar 
substances (hence Ceratae puppes.) Undecked vessels were Naves apertae, as 
opposed to Naves tectae s. constratae, the decks themselves being Tabulata s. 
Pontes. 3 Very frequently vessels were only partially decked, and the sailors 
passed from one end to the other by means of gangways, (Fori,) or from side 
to side by cross planks (Transtra s. Iuga.) The Fori and Transtra served 

also as benches for the rowers. 4 

Arinamciitn..—Of these, the most important were 

1. Anchor ae, the anchors, of which there were usually several, 5 6 resembling 
closelv in form those now employed, fitted with cables (Ancoi alia.) The anchoi 
was thrown from the prow (Ancora de prora iacitur) when the ship was 
required to ride, (Consistere ad ancoram—stare s. expectare in ancoris— 
tenere naveni in ancoris ,) and on going to sea was weighed (Ancoram tollcic 
s. Vellere , or in the case of great haste, Praecidere.) A ship in harbour was 


1 Alveus and Armamertta stand opposed to each other in Liv. XXXIII. 34. 

2 Pers S. VI 31. Caes B C. I. ft4 

3 Val. Flacc. VIII. 305. Tacit. Ann. IT. 6. f , ha _ ia _ 

4 Cic de S 6. Isidor. XIX. ii. 2 5. Virg. iEn. VI. 411. Chans, P 

med. p. 314. ed Putsch. 

6 e g. The ship in which St 


Charis. p. 19. ed. Putsch. IHo- 


Paul sailed had four. (Act. Apost. xxvii. 29.) 


404 


SHIPS. 


weTout^d ''' Which werc »*>“* " h <» ‘he ship 

” resolvere Navem solvere -or simp,? 

2. Gulernaculum , the rudder, with the <W, its handle or tiller. * The 

ancient rudders were not hinged to the stern 
posts as ours are, but were what are technically 
termed paddle-helms , and of these there were 
usually two in the ship, placed one on each side 
of the stern. A rudder of this kind is seen in 
the annexed cut, taken from a tomb at Pompeii, 
and ships were commonly steered in this man- 
nei as late as the fourteenth century. 

3. Mali , the masts, with their yards, (An¬ 
tennae s. hrachia ,) whose extremities, the yard 
aims, were termed Antennarum cornua. The 
mast rested in a socket, or step called Modius , 3 
and high up above the main-yard the mast was 
embraced bv a sort of cup-shaped cage called 



Carchesium, 4 corresponding to w hat is lirnv tenned a/op.^It semid 0 ^^ boh^ 

■ l ' ace > m v h ‘P s of '™'. men and military engines were sometimes sti 
t ,e Carchesium to command the decks of an opponent.The” insof 
the ancents, ev en when of large size, had seldom, if ever more than two masts 

mat, were COn elT a 1, W ? S vm & «d placed lery ftr Cward. The 

stepped or’unstenMd‘at S T ^ TeSS< i Is ’ ° ften made moveable, and might be 
ZtTXrel. (nrtinare. ^ ““ ^es-Maluu aUolere , 

rated, “ ,s ^ *7 "ere &bri. 

^ < «* ^toC::t^ e °j 

isidoL 0 ; b„,trit jw d'rUw ^z s it so ’ calIed E ? dromos b * 

standing “ tnntit^Vhe rp'et^te'chir"’'’^'.^ 'n' 0 ' 6 r! ^“g- W,letller 


Quintil. IV. h 2. rit,eS f ° r ° ra m the sen8e of a ca bk °r hawser , are Lie. XXII. 29. XXVIII 36 

»i v s X.i n ix v ii'l and note of Scr ’' iu! - 

I 4 LucU. ap. Non. ,V. Carchesia, p. 274. ad Gerl. Serv. ad Virg V. 77 . Apalel ^ 

5 Isidor. XIX. iii. 2. Lucan V 498 c«„+ <3 ttt •• 
y. Supparwt s U ppa r um. pp. 31 b. 340 St ** S ‘ 111 ’ 27 • Senec - E PP- LXXVII. Fest a. 

™. v ‘ ® XII 69. Isidor. ].c 

ISjd"or H X N ,X X !?-3. Pr ° 0en ’- 

9 Isidor. XIX. 4. 6. 


































SHIPS. 


405 


extremity of the yard, by which it was trimmed—the Ceruchi which attached 
the tw o extremities of the yard to the top ot the mast, and the Anquina , 1 2 which 
attached the centre of the yard to the top of the mast. The large ropes, now 
called stays, which support the mast, were called w^oroyo; by the Greeks, but 
the Latin name does not occur. Remulcum was a hawser used by one vessel 
when towing another. 

6. Remi , the oars, the flat blades of which were the palmulae or tonsae, 
were attached each to its thole or pin, ( scalmus 3 s. paxillus ,) by a leather 
strap called stroplia or struppus the of the Greeks. 

Insigne s . Figura (•7roi^ex.aYi l uou) was the figure-head attached to the prow, 
which gave its name to the ship, in addition to which, the bows were frequently 
decorated with an eye, represented in painting or carving, and both the stem and 
stern generally terminated in a tapering extension which was shaped so as to 
resemble the head and neck of a goose, and was hence termed Cfieniscus 
(jewiax-og.') See cut in p. 404. 

Aplustre (pi. Aplustra s. Aplustria.) This 
was a decoration made of wood, attached to the 
stern, and bearing a resemblance to a plume of 
feathers. We have nothing corresponding to it in 
ordinary modern ships, but it is an object constantly 
represented upon ancient sculptures and medals, 
may be seen in the annexed cut, taken from a large 
brass of Commodus. 

Scicellum. In the after part of the vessel also 
was a niche or small chapel containing images of 
the god or gods to whose protection the vessel 
was consigned, (ingentes de puppe deos,) and hence 
this part of the ship was named Tutela. 

Vexillum — Taenia—Fascia , were used to designate a small streamer attached 
to a pole placed sometimes on the prow, and sometimes on the stern, which 
served as a vane to indicate the direction of the wind. See the cut given above, 
and the coin of M. Antonius, in p. 393. 

Naves liOiigac.—Ships of war differed from merchant ships in their general 
form, being long and narrow, in order to ensure speed, wdiile the latter were 
broad and round so as to afford capacious stowage. 

The leading characteristic of the war ships of the ancients was, that they 
were galleys, depending upon rowers chiefly as the propelling power, (Reruns, an 
oar— Remex , a rower— Remigium, the whole rowing apparatus,) and they were 
rated according to the number of ranks of oars ( ordines remorum .) Thus 
those vessels which carried one rank of oars, (quae simplice ordine agebantur,) 
were called Monocrota (p.ovv}(>sig) —two ranks, birem.es — dicrota s. dicrotae 
(bi^sis) —three ranks, triremes, (r^r/i^stg) —four ranks, quadriremes (rsr^vi^etg) 
—five ranks, quinquerernes, (veuTTj^tig,') and so on for higher numbers. 

No question connected with the mechanical contrivances of ancient times, has 
given rise to greater discussion, than the manner in which the ranks of oars were 
arranged. The ordinary supposition that they were placed in horizontal tiers, 
one row directly above another, occasions little difficulty, if we do not go beyond 

1 Val. Flacc. I. 469. Lucan. VIII. 176. X. 495. 

2 Anquinue , and not anchorae, is the true reading in Non. p. 367. See also Isidor. XIX. iv. 7. 

8 Vitruv. X. 8. 

^Isidor. XIV. iv. 9. 







406 


SHIPS. 


tA\o or even three rows, but the length and weight of the oars belonging to the 
upper tier of a quinquereme must have been such as to render them most 
unwieldy, if not altogether unmanageable, and when we come to deal with ships 
ot six, seven, ten, sixteen, and even forty rows of oars, which are mentioned by 
ancient writers, the difficulty becomes absolutely insuperable. Nor do ancient 
monuments afford much aid, for, although they abound in representations of 
ships, the figures are not sufficiently distinct to render effectual assistance, but 
i cannot c concealed that, as far as they go, they lend no support to any 
opinion which supposes the oars to have been placed otherwise than in parallel 


Rostrum ( Sfc p oAos.) Another characteristic of a ship of war was the Rostrum, 
a huge spike, or bundle of spikes, made of bronze or iron, projecting from the 
bow °f the vBMd, on a level with or below the water line. The purpose to 
Which this instrument was applied, will be explained below. 

Propugnacula. Turres.— Towers, or elevated platforms, were occasionally 
elected on the decks of war galleys, which were manned with soldiers, who 

termed Nave^t^e^ UP ° n ** <W ° nentS ' SUCh VeSSeb being 

Ship.—The crew of a merchant vessel are usually designated 
’ A ^ \ Nautae, the pilot was called Gubernator, and might or might not be 
. J same time t e commander of the vessel, the Magister navis , who is 

“ S n eS Fp ted > thG Greek word Nauc ^ns. The captain of a ship of 
ClaZf n a et Pr ™f ect 'f ? r Navarchus , the admiral of a fleet, Praefectus 
tW ii d h “ Sh ? N ? m , s Praetoria - The rowers (. Remiges ) as well as 
‘ • 10 navigated and fought the galleys, were comprehended under the 

fro non ? ? avales or Classic ^ These, especially the rowers, were 

number wp S a f GS -°l fr d ’ aS in the case of the land forces ’ a certain 

nun be! were furnished by the allied states and by the Coloniae Maritirnae. In 

!!r t ? r the Soci l Navales , there were always a considerable number of 
3" soldiers on board, who, when the Romans first engaged in naval 

lotJ:'n ere r ? ary tV0 ° VS the line ’ but were afterwards raised as a 
rlTw Jfi S r! daSSem SCn P h ) from those classes °f the citizens whose fortune 
ri" 1 6 t iem ? SG . rve 111 the le 8 ions - These marines are generally styled 
emnire wtn r ; b T ado P tlon of tp e Greek equivalent, Epibatae; and under the 

and flip ml Tm- 66 S were . consta ntly kept ready for action, one at Ariminum, 
and the other at Misenum, they were organized in legions {Legio Classical 

mntohld iT *1° Ships en 8' a 8’ cd individually, if tolerably well 

XnS nf ih ° hpC ! Et bj Gach ’ Was ’ eitber b T inning up suddenly 

ln-s om- n i r Cm7, ? SWGep aWay ( deter 9 ere ) or disable a large number of 
21 ,by be -TS dow , n at s P eed > t0 drive the Rostrum full into his side 

went down m T^f h 0486 planks Were generally stove in, and the vessel 
as lf one of t h .e parties was so decidedly inferior in seamanship, 

■IS he nnnrnq l i° !'° P ° W1 \ b bl ! antagonist in such manoeuvres, he endeavoured, 

hnd TZ ] t0 gra ? P v e With him ’ and then tbe result was decided, as upon 
and, by the numbers and bravery of the combatants. It was in this way that 

the Romans, under Dmllius, achieved their first great naval victory (B.C.^GO) 


x^x v *2?. xVx^iVxxxvi 5 J 3 xxx Vi!- * xutV X V IT f XXVIIr - 

K Hist t\ ?.’^6 de 87. H s Tf Vi « T -it Ann. IV^. Jt.XIV. aXV. 

Dion Cass. LXIV. 3. • • • *• 17. 22 . 0/. III. 55. Suet. Octav 16. Nero 34. Galb. 12. 


SHIPS. 


407 


over the Carthaginians, to whom they were at that time far inferior in 
nautical experience and skill. The machines employed on this occasion, called 
Corvi , have been minutely described by Polybius; (I. 22;) and grappling-hooks 
and gear of various forms, (Manus ferreae atque Harpagones ,) are incidentally 
mentioned in the descriptions of sea-fights recorded by ancient writers. 1 

We subjoin an imaginary representation of an ancient ship, taken from the 
work of Scheffer, which wiil serve to explain the relative position of the different 
parts described above. 



aa , Alveus; bb, Prora; cc, Puppis ; d , Gubemaculum ; e, Malus ; ff, An¬ 
tennae ; gg, Cornua; 7i, Carchesium; kk, Acatium ; ll , Supparum ; Dolon (?) ; 
nn, Pedes; 00 , Opisphorae; pp, Ceruchi; qq, v^otovoi. 

1 Caes. B. C. I- 57. Q. Curt. IV. 2. 4. 9. Liv. XXVI. 39. XXX. 10. Flor. Plin. II. 2. 
H.N. VIL 57. Dion Cass. XLIX. 3. L. 32. 34. 





















































































CHAPTER XIII. 


ROMAN WEIGHTS AND MEASURES—COINS—COMPUTATION OF 
MONEY—INTEREST OF MONEY. 


A vast number of elaborate treatises have been composed on the subjects 
enumerated in the title to this Chapter. We must content ourselves with stating- 
the general results at which the most patient and acute inquirers have arrived 
without attempting to enter into the lengthened and, in many cases, very com- ' 
plicated investigations upon which these conclusions are founded . 1 


I. Weights. 

As.— The unit of weight was the As or Libra, which occupied the same 
position m the Roman system as the Pound does in our own. According to the 
most accurate researches, the As was equal to about Ilf oz. Avoirdupois, or 
•7375 ot an Avoirdupois Pound. 

!>£visions and Multiples of the As.— The As was divided into 12 equal 
parts called Unciae, and the TJncia was divided into 24 equal parts called 
Scrupula, the Scrupnlum being thus the part of the As. The followino’ 
nomenclature was adopted to distinguish various multiples of the As, Uncia 
and Scrupnlum :— 


Divisions of the As. 


As,. = 12 Unciae. 

Deunx. .= 11 _ 

D ex tans, .= 10 _ 

Doclrans, .= 9 _ 

Bes s. Bessis ..= 8 — 

Septunx, .= 7 _ 

Semis s. Semis sis, .= 6 — 

Quincunx, .= 5 _ 

Triens. . — 4 _ 

Quadrans s. Teruncius, = 8 — 

Sextans, .— 2 _ 

Sescunx s. Sesuncia,... = 14 — 
Uncia, . . _ 


Divisions of the Uncia. 
Semuncia,... = 4 Uncia = M As. 

Duella, . = i — — 1 _ 

Sicilicus,.... = 4 — = _ 

Sextula. . — 6 — = _ 

Semisextula, = T \ — = A_ 

Scrupnlum,.. =^ — — ^ J* __ 

sm <i ua .- iii — =tAb— 


Multiples of the As. 

Dupondius. .= 2 Asses. 

Tripondius s. Tressis,... = 3 — 

Octussis, .. = 8 _ 

Decussis, . =10 — 

Vicessis, .=20 _ 

Centussis. .= 100 — 


the^ f ti h n?,r^f^,r? rkS whi .T h have from time t0 time appeared in connection with 
these topics, the following are the most celebrated— Bcdaeus, Be Asse, 1516; Gronovius 

SCHMIDT ( ’/ 3; ^reaves. Discourse of the Roman Foot and Denarius, 1647; Eisev’ 
“ etMensuris veterum, 1708 ; Eckhki,, Doctrina Numorum veteran ,, 
suchunfen ’ EiSa tt°» Ancunt Weights and Money, 1836; Boeck, Metrologische Unit A 






















WEIGHTS—LINEAL MEASURES. 


409 


The Drachma and the Obolus, which were properly Greek weights, are occa¬ 
sionally employed by Roman writers— 

The Drachma was reckoned as = A of the Uncia = » of the As. 

The Obolus — —1 — — X — 

The term As, and the words which denote its divisions, were not confined to 
weight alone, but were applied to measures of length and capacity also, and in 
general to any object which could be regarded as consisting of 12 equal parts. 
Thus they were commonly used to denote the shares into which an inheritance 
was divided. \\ hen an individual inherited the whole property of another, he 
was designated as Heres ex asse; if one-half, Heres ex semisse; if one-third, 
Heres ex triente , &c.; Cicero will supply (Pro Caecin. 6.) an excellent example 
Testamento facto mulier moritur. Facit heredem ex deunce et semuncia 
Caecinam , ex duabus sextulis M. Fulcinium liberturn superioris viri , Aebutio 
sextulam adspergit. The account stands thus— 

Caecina inherited 11 Unciae and a Semuncia , = 1H Unciae. 

Fulcinius — 2 Sextulae, .= § — 

.jEbutius — 1 Sextula ..= a — 

Making up in all 12 Unciae .. — 1^ As , or the whole 

inheritance. 


II. Measures of Length. 

Pc f-—The unit of Lineal Measure was the Pes, which occupied the same 
place in the Roman system as the Foot does in our own. According to the 
most accurate researches, the Pes was equal to about 11.G4 inches imperial 
measure, or, .97 of an English foot. 

The Pes being supposed to represent the length of the foot in a well propor¬ 
tioned man, various divisions and multiples of the Pes were named after stan¬ 
dards derived from the human frame. Thus— 


Pes , 


Sesquipes ,.. 


= 1G Digiti,.... i.e. Finger-breadths. 

= 4 Palmi,.... i.e. Hand-breadths. 

_ i Cubitus from elbow to extremity of 

’ ( middle finger. 


The Pes w r as also divided into 12 Pollices , i.e. thumb-joint-lengths, otherwise 
called Unciae (whence our word inch.) When the division of the Pes into 
Unciae was adopted, then the different divisions of the Pes from one Uncia up 
to twelve w r ere designated by the names given in the preceding section for the 
divisions of the As , viz. the Deunx , Dextans , &c. 

The measures longer than the Pes, in common use, were— 


Palmipes ,. 

Cubitus .. 

Gradus .. 

Passus .. 

Decempeda s. Pertica 1 

Actus .. 

Mills Passuum ,. 


= 1 Pes + 1 Palmus = 20 Digiti — 15 Unciae . 

= 1 Sequispes, . =24 Digiti =18 — 

: 2^ Pedes , .=40 Digiti. 

z 5 Perfes, . = 2 Gradus. 

= 10 Pedes , .= 2 Passus. 

: 120 Peeves, . = 12 Decempedae. 

:5000 Pedes , .= 1000 Passus. 




















410 


LINEAL MEASURES—MEASURES OF SURFACE. 


There was also a Palmus maior = 3 Palmi =z 12 Digiti = 9 Pollices or 

Unciae. 

It appears from this, that since 

The English statute mile = 1760 yards.== 5280 English feet. 

The Roman mile . = 5000 Roman feet = 4850 English feet. 

Therefore the Roman mile is shorter than the English mile by 430 English feet 
or 144 yards nearly. J g ’ 

. Ulna, th . e Gre , ek from which the English word Ell is derived, varied 
m signification when used to indicate a measure. Sometimes it represents the 
distance from the shoulder to the wrist, sometimes from the shoulder to the 
extremity of the middle finger, sometimes it is regarded as synonymous with 
Cubitus, and sometimes it denotes the distance between the tips of the middle 
fingers, when the arms are stretched out in the same plane with the body, i.e 
the ful extent which can be embraced by the outstretched arms, in which case 
it would be held as equivalent to 6 Pedes. 

In applying the divisions of the As to measures of length, the Pes was 
regarded as the As and the Pollex as the Uncia. Hence we read in Columella 
V 11 - Dupondio et dodrante altus sulcus , i.e. a ditch 2 feet 9 inches 
deep ; and again (VI. 19.)—Habet in latitudinem pars prior dupondium 
semissem, i.e. is two feet and a-half broad. 

III. Measures of Surface. 

^ e have seen above that the lineal Actus , which was the normal length of a 
furrow was 120 Roman feet ; the Actus Quadratus was a square whose side 
vas a lineal Actus; a lugerum consisted of two Actus put together and was 
theiefore a rectangular plot of ground 240 Roman feet long and 120 Roman 

feet to English feet, it will be found that the 
jugerum contains 27097.92 square feet English, while the English Acre contains 

Acre S<1Uare feet ’ ienCe t ie Pl0man Iu 9 eru m was less than § of an English 
tho L rL fr / eqUently Tnn^ the Iu 9 erurri are ~ the Heredium = 2 Iuaera • 

S. C =mi7 ge T W!a = 200 Iu ^ a > a ' ld **> 

We hear also of the Versus , which contained 10,000 square feet and the 
Actus minimus , which contained 480 square feet. 1 G d the 

In applying the divisions of the As to measures of surface the Tuaervm 

t i;” d Htr ion8 of t h r um — -p-etd 7 b7thr s r 

/r : v y oil " Hence we meet with such expression as the followine 

, ' , y T - um l m ad ,d creati TEImA icgera et SEPTUNCES Sil 

dvmerunt, i.e. assigned to each individual seven Jugers and * of a Juger 

IV. Measures of Capacity. 

1 Pint 2 gills nearly 4 °' C87 lmpenaI S allons ’ or 5 2 quarts 

wem%tX"efeX th^ aad Mea ™> «»* ‘he latter 

tint iqqJ. . , V, Modlus i winch contained one-third of an AmvJiora 
that is, 1.896 imperial gallons, or .948 of an imperial peck. ^ ° ?a ’ 




MEASURES OF CAPACITY—COINS. 


411 


may enumerate the divisions of the Amphora and 


This being premised, we 
the Modius. 

Liquid Measure. 
Amphora. = 2 Urnae. 

— . — 8 Congii. 

— . = 48 Sextarii. 

(96 Heminae s. 
| Cotylae. 

— .= 192 Quartarii. 

— .= 884 Acetabida. 

— . = 576 Cyathi. 

— .=2304 Ligidae. 


Dry Measure. 

Modius. = 2 Semimodi. 

— .= 16 Sextarii. 

32 Heminae s. 
Cotylae. 

— 64 Quartarii. 
= 128 Acetabula. 
= 192 Cyathi. 

= 768 Ligidae. 


The Culeus -was equal to 20 Amphorae. 

In applying the divisions of the As to the above Liquid Measures, the Sex- 
t.arius was regarded as the As and the Cyathus as the Uncia ; hence we read 
in Martial (XI. 37-) — 


Quincunces et sex cyathos bessemque bibamus 
Caius ut fiat, Iulius et Proculus : 

i.e. let us drink five, and six, and eight Cyathi , i.e. 19 Cyathi, 19 being the 
number of letters in the name Caius Iulius Proculus. 

From Congius is derived the word Congiarium, which properly signifies a 
vessel holding a Congius , but was frequently employed, especially in later times, 
to denote a gratuity of wine or oil bestowed upon the people at large; e.g. 
Lucidlus millia cadum in congiarium divisit amplius centum; (Plin. H.N. I. 
14;) also a gratuity of edibles whether wet or dry— Ancus Marcius rex sails 
modios sex mille in congiario dedit popido; (Plin. H.N. XXXI. 7.) and 
finally, a gratuity in money— Congiaria vopulo frequenter dedit , sed diversae 
fere summae , modo quadringenos , modo tricenos, nonnunquam ducenos quin - 
qucigenos numos (Suet. Octav. 41.) Under the empire, a gratuity of this nature, 
when bestowed on the soldiers, was usually termed Donativum — Populo Con¬ 
giarium, militi Donativum proposuit (Suet. Ner. 7.) 


Y. Coins . 1 

There can be little doubt that the Romans, in the earlier ages of their history, 
were unacquainted with coined money. Their circulating medium consisted of 
lumps or ingots of copper, ( Aes ,) which were weighed, and not counted, the 
name of an ingot of this description being Stipes or Stips , from which was 
formed Stipendium. According to Pliny, copper money was first coined by 
Servius Tullius, and stamped with the figure of a sheep, (nota pecudum ,) but 
it is very doubtful whether any such pieces were ever minted at Rome, and it is 
not unlikely that the story was invented in order to supply a plausible deriva¬ 
tion for the word Pecunia. Of the coinage as it actually existed from a remote 
period, we can, however, speak with confidence. The practice of hoarding was 
carried to such an extent in the ancient world, that scarcely a year elapses in 
which large numbers of Greek and Roman coins are not discovered in various 


1 The Locus Classicus, on the rise and progress of the Roman mint, is in Plin. H. N. 
XXXIII. 13.; a passage full of curious information, but containing many evident errors and 
absurdities. The best modern account of the subject will be found in the Prolegomena to 
the Doctrina Nutnorum veterum of Eckhkl. 


















412 


COPPER COINAGE. 


have b°eenXX A 7* N " th f n ,"™ a - ‘he extensive eolleetions which 

The metois employed by the Romans in their coinage were Conner (An 1 

ST'iSftrair « '•*—’> i “ *- - - 

sdver p,ece S were m circulation, they must have been of fSn sum? S 

k x C8ent “ g 0,1 its ob ™r a head of *».“• 

3. Triens, one-third of the As, — {/•“' 

4. Quadrans, the quarter As, — nZt T' 

5. Sextans, the half 2Vie*,, _ Hercules. 

6. Uncia, one-twelfth of the As, _ Mine?™' 

p.w d of i a e sMp t '‘ e OnT ?, S“ FT,? bein ^ a rade ^presentation of the 

XmtrX’wtd Z S TT 

“t 22,^% 6 tr“kf to?dd hi C s°nTe n ** ‘ he 

originally weighed, as the XmtTimpHe^oneXimd^and^the^^ iT a Co! ”’ 

r: by - thei “ 

are told, that about the comme/eement rftheTst PunifCu Stlfe' f^ 

(B.&" ITjT™ reZe°dTo C 0,;e in 0„t -*Z Clf ^ 

Papiria, it was fixed at Half an n ’ , , 10t 011 £ afterwards, by a Lex 

after. * We subjoh,a seresof Z'??T r hlch *'™. ained the ^audard ever 

and the smaller inXS ° iTwhL““ seen tSf dS.Td ° f ‘ h<! ^ 
marks enumerated above ecn tne dlfleient devices and 

pffi srss±i£ “« 
Sz&isstsszix *“■- 

Co^er Cbwaje „/ the Empire —Upon the establishment of the imperial 


IS ounces to 2 ounces ^jy lehr *, t T ^' V ’ t ^ 10 height of the As was reduced at once f 
meats under whirihe^SS't. 0 .' o? '* lie V theSf em^rST 

defraud the public creditors by a sudden and pnnrmo" other words, the Senate resolved to 
representation, which is in itself increriPhi* • ^ • us de P r eeiation of the currenevn- 

m all prohab 1 ty from the vali.o fo! cc r I he diminution n the weieht of t£l j U ’ y * 
latter met,, becLe 








































































414 


COPPER COINAGE. 


government under Augustus, the old As and its divisions ceased to be struck, and 
a new copper coinage Avas introduced, consisting— 

1. Of those pieces which are commonly called Imperial Large Brass , and 
which form a series extending from Augustus down to Postumus. They arc 
generally about the size of an English Penny; they exhibit, for the most part, 
on the obverse, the head of the reigning Prince, or of some member of the 
imperial family, accompanied by a legend expressive of the name and titles of 
the individual represented, while on the reverse we find a great variety of most 
interesting and instructive devices. These pieces are usually of very good 
workmanship, are in many cases composed, not of ordinary copper, but of fine 
yellow brass ( aurichalcum ,) and are supposed to have passed for 4 Asses. 
Several illustrations, taken from the reverse of coins belonging to this class 
have been given in the course of the work, and we annex a cut of a Large Brass 



of Antoninus Pius, bearing upon one side the head of the Emperor, with the legend 
ANTomNus Augustus Pius, and on the reverse the figure of .Eneas bearing 

2° fr T Tr T ° T ^ and Ieadin g his boy by the hand, with the legend 

, TR - J 0T - Co ®- s - c * (Pater Patriae , Tribunicia Potestas , Consul 
lertium , Senatus Consulto. 


2. Of those pieces commonly called Imperial Middle Brass , which resemble 
the Large Brass, except in so far that they are only half the size. We annex a 



cut taken from one of the earliest of the series, exhibiting on the obverse the 
head of Augustus, with the legend Caesar Augustus Thibunic. Potest, and 
on the reverse the name of one of the Triumviri Monetales (p.197) C GALTinq 
Lupercus IIIvir A. A. A. F. F. (p. 197) and S. C. in the field. ' 

3. Of those pieces commonly called Imperial Sniall Brass. These do not 
like the two former classes, form a regular series ; they vary much in size; they 









SILVER COINAGE. 


415 


seem seldom to have been struck in large numbers, and not to have been struck 
at all by many Emperors. We have given a specimen in p. 237 of one belonging 
to the reign of Caligula. 66 

Silver Coinage. According to Pliny, silver was first coined at Rome in 
R.C. 2G9, five years before the commencement of the first Punic War, in pieces 
of three denominations. 


1. The Denarius equivalent to 10 

2. The Quinarius — 5 

3. The Sestertius — 2| — 

But when the weight of the As was reduced in B.C. 217 to One Ounce, it was 
ordained at the same time that 

The Denarius should be held equivalent to 16 hisses. 

The Qumarius — — 8 — 

The Sestertius — — 4 

and this relation subsisted ever after between the silver coins bearing the above 
names and the ^4s. 

The Denarius and the Quinarius continued to be the ordinary silver currency 
down to the age ot Septimius Severus and his sons, by whom pieces composed of 
a base alloy were introduced, and for 
several reigns entirely superseded the 
pure metal. The silver Sestertius does 
not appear to have been coined under 
the empire, its place being occupied by 
the Large Brass which was of the same 
value. 

The devices originally stamped upon 
all three denominations were, on the 
obverse a female head helmeted and 
winged, with the legend Roma ; on the 
reverse the Dioscuri on horseback, with 
spears couched and with conical caps, 
a star being placed above the head of 
each. The Denarius , Quinarius , and 
Sestertius were severally distinguished 
by the numerals X, V, and IIS, placed 
behind the helmeted head, and even after 
they passed respectively for 16, for 8, 
and for 4 hisses, the same numerals 
were retained as corresponding to their 
names. 

In Denarii of a somewhat later date, instead of the Dioscuri , we generally 
find a figure of Jupiter, or some other deity, in a chariot drawn by four or by 
two horses, and hence such pieces were known as Quadrigati and Bigati. We 
annex a cut of a Bigatus , in which Victory is the charioteer. At an early period 













416 


SILVER COINAGE. 



also it was not uncommon to notch the edges of the coin, in order, probably, to 
render forgery more difficult, and hence such pieces were known as Serrciti. 

Quinarii bore originally, as we have seen, the same device as Denarii; but 
it soon became the practice to stamp upon the reverse of all Quinarii, a figure 

of the goddess Victoria, who appears in vari¬ 
ous attitudes, sometimes standing, sometimes 
flying, sometimes in a chariot, sometimes 
crowning a trophy, and hence the term Vic- 
toriatus is frequently employed as synony¬ 
mous with Quinarius. On the obverse of 
both Denarii and Quinarii, the helmeted 
head gradually disappeared, and was replaced by various heads, sometimes of 
goc s, sometimes of mortals, but never, under the republic, of living personages. 

On the earliest silver coins there is no legend except the word Roma, but it 
soon became common for the magistrate intrusted with the task of coining, to 
mark upon the pieces his own name or that of an illustrious member of the 
family to which he belonged, and the devices, of which there are a great 
variety, frequently bear reference to some legend, or exploit, or honour, con¬ 
nected with the house. Of this, several examples will be found in Denarii 
introduced as illustrations in the preceding pages; and on the Serratus, figured 
above, we see a representation of Ulysses recognised by his dog, the name on the 
com being C. Mamilius Limetanus, but the Mamilii came from Tusculum, 

and Tusculum was said to have been 
founded by Telegonus, son of Ulysses, 

(Telegoni iuga parricidaeV) The 
Denarius, ot which we annex a cut, 
bears the name T. Carisius, on the 
obverse is a head of the goddess Moneta, 
on the reverse are represented the tools 
, , the coiner. The number of silver 

coins belonging to the republican period, which have come down to modern 
times, is enormous, and from this source alone we can make up a catalogue of 
nearly two. hundred Familiae, whence coins of this class are frequently designated 
as Numnu Fanuliarum. b 

a-J he a rlir/° ina P ° f „ thG em P ir . e consisted of Denarii and Quinarii, and 
differed little from that of the republic, except that the obverse represented almost 
uniformly the head of the reigning Prince, or of some member of the imperial 
family, while the pieces themselves gradually decreased in weight. The first of 
the two specimens annexed exhibits on the obverse a veiled head of Julius Caesar 




with the Lituus and the Apex, the legend being Parens Patriae Caesar, 
anc on the reverse the name of one of the commissioners of the mint under 
Augustus, C. Cossutius Maridianus, with the letters A. A A F F The 
second has on the obverse, the head of Otho, with the legend Imp. Otho Caesar 









GOLD COINAGE—COMPUTATION OF MONEY. 


417 


Aug. Tr. ?., and on the reverse a figure of Securitas , with the legend Secu¬ 
ritas P. K. 

CJoiil Coinage.—Pliny asserts that gold was first coined in B.C. 207, and 
a few pieces are still extant which correspond with his description, but they are 
now generally regarded as having been struck in Magna Graeeia. The number 
of gold coins, undoubtedly Roman, belonging to the republican period, is so 
small, that the best numismatologists are of opinion that this metal did not form 
part of the ordinary and regular currency until the age of Julius Caesar, the 
want having been supplied by Greek Philippi. The principal gold coin of the 
empire was the Denarius Aureus , which is generally termed simply Aureus , but 
by Pliny uniformly Denarius. The De¬ 
narius Aureus always passed for 25 
silver Denarii. Half Aurei were also 
minted, but these are comparatively 
rare. A specimen of an Aureus, with 
the head of Augustus, will be found 
in p. 344, and we annex a representa¬ 
tion of another, belonging to the same 
period, exhibiting on the obverse, the head of Ammon , and on the reverse a man 
arrayed in the vestments of an Augur , and crowned by Iuno Sospita , who 
follows behind, the legend being Q. Cornufici Augur. Imp. 

YI. Computation of Money. 

Sums of money were computed either 

1. By Asses; or, 2. By Sestertii, 

the latter denomination having been generally employed after the introduction of 
a silver currency. Before considering these separately, it is necessary to explain 
the system pursued with regard to the numerals. 

1. In expressing all sums, from one As or one Sestertius up to a thousand 
Asses or Sestertii , the cardinal or distributive numerals employed agree in case 
with As or Sestertius. Thus we say, Decern Asses—Viginti Sestertii—Ducenti 
/lsses —Tricenos Msses —Quinquagenis Sestertiis—Mille Sestertii, &c. 

2. All sums from one thousand up to one hundred thousand inclusive, are 
expressed by the cardinal or distributive numerals, followed by As or Sestertius 
in the genitive plural. Thus we say, Duo millia . . . Decern millia . . . 
Bina millia . . . Tricena millia . . . Centum s. Centeno millia Assium vel 
Sestertiorum. As to the numeral Mille , w r e may say with equal propriety, 
Mille Asses v. Sestertii , or Mille Assium v. Sestertiorum. 1 

3. All sums above one hundred thousand are expressed by prefixing a numeral 
adverb to Centena millia , the word Assium or Sestertiorum following in the 

, genitive. Thus we say, Bis centena millia . . . Quater centena millia . . . 
Decies centena millia Assium v. Sestertiorum , to denote 200,000 ; 400,000 ; 
1,000,000, &c. 

But in the great majority of cases the words Centena millia are omitted, and 
the numeral adverb is placed alone, it being the rule that a numeral adverb is 
never employed in expressing sums of money, except when the words Centena 
millia are either expressed or understood. Thus we say, Decies ... Centies 
. . . Millies . . . Bis millies . . . Tricies quinquies . . . Centies millies 
. . . Quadring enties millies . . . Quater decies millies Sestertiorum , &c., to 

l Instead of Sestertiorum, the contracted genitive Sesterlium is common, ns we shall notice 
below. 

2 E 





418 


COMPUTATION OF MONEY. 


denote 1,000,000; 10,000,000; 100,000.000: 200 000 000' 3^00 000- 
10 000 000 ,000; 40 , 000 , 000 , 000 ; 4 , 6 oO,OOChOOO &o ’ ' u ’ 500 ’ 000 ’ 

ns eing premised, we proceed to explain some details with respect to the 
computation by Asses and by Sestertii, considered separately. 1 

in corni)nOmr Asses — Tb f As bein g a copper coin, the word Aes is nsed 

a ”? " m0 " Cy f ? qulTalent t0 As - c -s- Ex eh, qui centum millium 

aem, aut maiorem censurn huberent (Liv. I. 43 .)— Qui miUibus aeris auinnua 

rnrhUm/lTh (XX , 1 | V ' 1 Q—Qnmpra trecenta millia usque ad decks 
aens (ibid.) As long as the , 4 s retained its original weight of a pound, no confu- 

0 "eTal ,d BTof!TV S S,gn ff S a COin ’ and As denoting 1 ^, pound weight 
hi weight p ,?! 16 A *' regal ’ d ^ as a coin ’ aaderwent successive diminutions 

in weight, it became necessary to distinguish between the original weight of the 

com and the com actually current, and hence the expression al grave It 
introduced when a sum was computed according to the ancient standard tint 
is when a certain number of Asses or full pounds of metal were to be Sated 

M "VwmZmbuf AS -° f infe - i0r 7 Weight * Hence we read — M. Postumius 
. . . decern millibus aens gravis damnatur (Liv. 17 . 41.)— Quia nondum 

argentum signatum erat aes grave plaustris ad aerarium convehentes (17 GO ) 

India data libertas et aens gravis viginti millia (XXII. 83 )—Ei centum 

vicena quina milUa aeris^t 

2. Computation by Sestertii.- The word Sestertius, contracted for Semister- 

? f “Vf P rope ^ an ad J ectlve signifying two and a-half, 2 the substantive under¬ 
stood being Nummus, and Nummus is frequently used by itself as ennivilent ro 
Sestertius, the Nummus Sestertius having beeen emphaticahy theTmmus or 

statement 001 ? ^ time When a SlIver currenc 7 ™ introduced. Thus the 

r c Zd IjoZtT'm NU T° S VlriUm «^- d enotes that each individual 
received OOO bestertu. When Nummus is employed to denntP „ • 

then an adjective is invariably added, fixing the coin in question • e «• J n canita 

Romana trecems nummis qcadkiqatis, in socks ducen-s (Uy°X\ IT( 9 \ 

where the epithet Quadrigath indicates that Denarii are meant (p 415 V 

sums above a thousand, the numeral is joined with Sestertiorum in tbe^ifif 3 
or which the contracted form Sestertium is very frequently substituted & * UG ’ 

,1 JSs srii—■ - 

SSwnSSTnlyrtfl -*T “s 

! v eneius (it. 10.)— Lepidum Aemilium auqurem auod srv M tutdtt 0 

sr: :- e - zzf bus rs?? i; 

Sit: 1 :: aa to ^ 2 

o f the word JlrfiS'bJfcro 11 ””? S ° me E,ammari, " s s “PPose that there is always an ellipsis 
TAr T r :Si. IWSSf. *’ * in Creel,. rir* r ., W w „ ( 


COMPUTATION OF MONEY. 


419 


In writers of the Empire, however, we find the word Sestertia used as a 
neuter plural to denote a sum of one thousand Sestertii. Thus in Suetonius 
(Octav. 101.)— Reliqua legata varie dedit , produxitque quaedam ad vicena 
sestertia, 1 i.e. 20,000 Sestertii; and in Juvenal (S. IV. 15.)— Mullum sex 
millibus emit = Aequantem sane paribus Sestertia libris , i.e. he paid six 
thousand sesterces for a mullet, at the rate of a thousand sesterces for each pound. 
(See also Hor. Epp. I. vii. 80. Martial VI. 20.) 

The Sestertius having been originally equivalent to two ylsses and a-half, 
although it subsequently became equivalent to four Asses, (p. 415,) was repre¬ 
sented in writing by the symbol IIS, that is, two units and a-half, (S denoting 
Semis ,) a line being drawn through the figures (thus ttc) to mark that they 
were to be taken together. It appears probable that the symbol and not the 
word was always employed in ancient documents, and that much confusion and 
many blunders have been introduced by the ignorance of transcribers when 
changing the symbol into a word. To this cause we must ascribe the corrupt 
forms which disfigure the texts of many editions of the classical authors. Thus 
in Nepos (Att. 14.)— Atticus tanta usus est moderatione ut neque in Sester- 
tio vicies, quod a patre acceperat , parum splendide se gesserit , neque in 
Sestertio centies affluentius vixerit quam instituerat; in Suetonius (Caes. 
50.)— Serviliae Sestertio sexagies margaritam mercatus est; in Livy (XLV. 
4 .)— Argenti ad summam Sestertii decies in aerarium rettulit; and in Cicero 
(Philipp. II. 37.)— Syngrapha Sestertii centies : in which, and in all similar 
passages, Sestertio and Sestertii are corrupt forms for Sestertiorum or Sestertium , 
and in the older MSS. these words were probably represented by the symbol 

m. 

Comparison of ISonmu with English Money.— According to accurate 
calculations, based upon the weight and assay of the most perfect specimens 
of Denarii , the value of the silver Sestertius at the close of the republic 
may be fixed at twopence sterling. After the reign of Augustus, the coinage 
underwent a sensible deterioration, both in weight and in purity, and we cannot 
reckon the Sestertius higher than lfd. from the age of Tiberius down to Sep- 
timius Severus. Taking the higher value, the following table may be useful in 
converting sums from Roman into English currency:— 


1 Sestertius 
10 Sestertii . 

100 — . 

1000 — . 


£ s. d. 
= 002 
= 018 
= 0 16 8 
= 868 


£ s. 

10,000 Sestertii = 83 6 

100,000 — = 833 6 

1,000,000 — = 8333 6 

10,000,000 — = 83333 6 


d. 

8 

8 

8 

8 


VII. Interest of Money. 

A Capital Sum lent out at Interest was termed Caput or Sors; the Interest 
paid upon it was termed Fenus or Usura , the latter word being generally used 
in the plural Usurae. The rates of Interest most frequently mentioned in the 
classics are the Fenus Unciarium and the Usurae Centesimae; but the real 
import of these expressions has proved a fruitful source of controversy. Niebuhr, 
in the third volume of his History, has a masterly dissertation on this subject, 


1 It may be doubted whether here, and in similar passages in prose writers, the true read- 
ing is not IIS vicena 9 i.e. vicena millia Sestertiorum , but we cannot apply the same remedy to 
the passages found in the poets. 







420 


INTEREST OF MONEY. 


rate separately^ 0118 aPPeai " l ° be impre S nabIe ' We sha11 b ™fly consider each 

r The Capital being regarded as thesis or Unit, and the 

Intelest being calculated by the year, then Fenus Unciarium , or Uncial Interest 
would be one-twelfth part of the Capital, that is, 8* per cent per annum Bm 
f we suppose, with Niebuhr, that this rate was introduced while the year often 

”°* ™ stl11 <*“»*. ‘ b ™ 8* per cent, for a year of ten months" ill be 
exactly 10 per cent, for a year of twelve months 

According to Tacitus (Ann. VI. 16.) the first legislative enactment on the 

(BC 451^9 1 ^ th ® La . WS . of thc XI1 Tab H which provided, 
S’ f at . tbattbe Fenus Unciarium should be maximum rate of 
Interest-AW -puma Duodecm Tabulis sanctum ne quis uX^TCore 

KsiMontUhU b n 17 fs™ . (TI1, 16 ') 10 refer the introduction of this 
lestriction to the Lex Dmllia Maema of B.C. 357, nearly a centurv later The 

arne historian records (VII. 27. comp. Tacit, l.c.) that h, B.C. 347 the leual 
. ate of interest was reduced one-l.alf-scn ,unciarium tanlum ex unciario ferns 
factum, and again we find CVII 42 R f S4.9 r„ • , J 7 

L Genucmm, Tribunum plebis, tulisse ad populum ne fenerarelicereUnnd 
dedares that a law t0 tba ‘ effect was actually passed,' but if to 
less. 7 10 ° aSe ’ “ “ USt ' from !tS very llature ’ have be en absolutely power- 

ysurne Centesimae.—Towards the close of the republic we hear for the 

WhiC u m ” St Interest amounting to 

with tlfe Greek faslSof paying’^ 
was 1 per cent, per month,’ of if per cent, per “n’um “ Centes.mae 

Usurae Centesimae being 12 per cent., when a lower rate was charted the 
propor ions were expressed by the divisions of the As. Thus Usurae % esses 

per cent S ’ ’ lnentes ' U ‘ Qwdrantes, signify respectively, 8, 6, 4, and 3 

andtfhm tiXitUcZe^ sec " rit ^' aa ba d, a higher rate was exacted, 
i.e 48 per cent • and wIip! * mae i 1>e * ^ per cent.; Quaternae Centesimae, 
exsecai he Xst’mel O 7* US ? S 6 . phrase Quinas hic Capiti mercedes 
70. ad Art. vi. 2 Hor a S “u e i?ufr a<! ’ 6 ° ^ “"*• ^^ U1 ‘ 

usual lmpm 5»^?^»? 1 55h < ?, r JSSSi'if7emDlovedy t ^ obs, ' r * cd that ,his '* not the 

SKtars isyss c . a „Ss, by otertiy st 

Simple Interest being expressed by the pbras 


CHAPTER XIV. 


PRIVATE LIFE OF THE ROMANS. 


I. Customs connected with particular Epochs of Life. 

Infancy. —As soon as a child was born it was laid down at the feet of the 
father, who, if the babe was free from any serious deformity, and if he was 
prepared to acknowledge it ( agnoscere ) as his legitimate offspring, lifted it from 
the ground, (ci terra levabat ,) and thus declared that he was willing to rear it 
(alere ) as his own. Hence the expressions Tollere s. Suscipere liberos signify 
to bring up or educate children. Infanticide, as we have seen above, was not 
prohibited by law, and, in the earlier ages of the state, was, probably, not 
uncommon. 1 

Boys on the ninth, and girls on the eighth day after birth underwent a religious 
purification termed lustratio, and on this day, which was called Dies lustricus , the 
former received their Praenomen (nomen accipiebant .) Boys, until they attained 
to manhood, and girls, until they were married, wore a Toga Praetexta , i.e. a 
cloak with a narrow scarlet border, and from the necks of boys was suspended a 
hollow disk called Bulla , made of gold, silver, or, in the case of the poor, of 
leather, containing a charm or amulet against the fascination of the Evil Eve. 
The Toga Praetexta and the Bulla were both of Etruscan origin, (hence the 
latter is called Etruscum aurum by Juvenal,) and were at first confined to the 
offspring of Patricians, but before the close of the republic were assumed by all 
Ingenui. 2 

Education.—Elementary schools (Lridus literarius—Ludi literarum ) for 
both girls and boys, seem to have existed from a very early epoch, as may be 
seen from the story of Virginia, and these were originally situated in the imme¬ 
diate vicinity of the Forum. For several centuries the instruction communicated 
was confined to reading, writing, and arithmetic, but after a taste for Greek 
literature had been formed, the Greek language was eagerly cultivated. Before 
the close of the republic, a familiar knowledge of that tongue was considered 
indispensable to every one in the upper ranks, and Quintilian recommends 
(I. 0. I i. 12) that a boy should study Greek before his mother tongue. In 
the age of Cicero, and for some centuries afterwards, a complete course of 
education for youths consisted of, ai least, three parts, which followed each other 
in regular progression under diflerent masters. 1. Reading, Writing, and 

1 Plaut. Amph. I. iii. 3. Trucul. II. i* 45. Terent. Andr. I. iii. 14. Hesut.. IV. i. 15. Hor. 
S. II. v. 45. Suet. Octav. 65. Ner. 5. Clc. Philipp. XIII. 10. de legg. III. 8. Senec. de Ira 
I. 15. de Benef. III. 13. 

2 Macrob. S. I. 6. 16. Liv. XXVI. 36 Oic. in Verr I 41. Philipp. II. 18. Propert. IV. i. 
131. Sueton. de clar. Rhet. 1. Plut. Q. R. 101. Vit. Itoin. 25. Isidor.XIX.xxxi.il 


422 


PRIVATE LIFE—EDUCATION. 


Anthmetic, taught by the Ludi Magister s. Literator. 2. A critical knowledge 
o? the Greek and L; } thl languages, taught by the Grammaticus s. Gramma- 
tistes. 3 Composition and Oratory, taught by the Rhetor Latinus, to which 
some added, 4. A course of Moral and Metaphysical Philosophy; i to obtain 
the last m perfection it was not unusual to resort to Athens, or to some other 
famous foreign seat of learning, although numerous Greek Professors of these 
sciences were to be found at Home. Persons of easy fortune had frequently 
domestic tutors called Paedagogi, answering in many respects to what we now 
term Nursery Governesses, who taught children the first rudiments of literature, 
and afterwards attended them to school, while men of great wealth sometimes 
hired distinguished Grammatistae , Rhetores, and Philosophy to superintend 
e raining o t ien sons at home, and, as among ourselves, the comparative 
advantages of a public and a private education seem to have been a common 
subject of discussion. 2 

Holidays were given regularly on the Quinquatria and Saturnalia. The 
oimer festival was regarded as the commencement of the scholastic year, and 
at this time a gratuity termed Minerval, was presented by the pupil to his 
pieceptor, but this was, apparently, distinct from the ordinary school fees. 3 

Mode of Teaching.- -Children were tempted to learn their alphabet (elementa 
velin ut discere pnma ) by encouraging them to play with pieces of ivory on 
winch the different letters were marked, ( eburneae literarum formae •) they 
were taught to write upon waxen tablets, ( tabulae ceratae—cerae,) on which 
1 1 bee . n Previously traced, (puerile praescriptum-praeformatae 
» \ r kn . owIed g e ? f anthmetlc was communicated through the medium of 

i f b0a r ( abacus } and counters, (calculi,) while the memory was 
strengthened, and practice given in Writing and Orthography, by the master 

3 e pnm g -H U i d f PaSSageS fr0I 2 S ?T popular author > whi ch were 7 taken down 
* d committed to memory. Such lessons were termed Dictata. 4 The children 

ZS ctZ^ ,T “ > , S . Ch , 001 " ot " n, y by Paedagogi, but also by slaves 
called Lapsarn who carried m boxes (Capsae) the books, writing tables ba-s 

with counters, (Loculi,) and other school utensils of their youno- masters ’ & 

Enirancc upon Manhood.—When the education of a ymith was com- 

tl p T 16 F> aS iegardcd as fit t0 enter u P on tlie business of life, he threw 

TomPuml a " d a plahl g0 "' n termed To S a Vtrifia a. 

oga 1 in a s. Toga Lihenor. This act, which was regarded as an important 

domestic ceremony,^ was usually performed on the Liheralia, in the presence of 

the relations and friends of the family, who afterwards attended the youno- man 

I 6 l 0V n™r- ( mFormn deducehant ,) the formal introduction^to public 

es an3 f 0 * The GVent was ^ays solemnised by li^ 

the Caphok” ° 8TCa perSOnages ’ a public sacrifice was offered up in 

The age at which the Toga Virilis was assumed is a matter of doubt Some 
scholars have named the completion of the fourteenth year, others of the fifteenth 
others of the sixteenth as the stated period, and all have been able to“t 

Plut D 'Q.'R de 59 C ' C ‘ E 35 ‘ SU6t de Ch Rhet L Aul - Cell. XV. 11. Appulei. Florid. 20. 

3 Varro H R N R X in X 2 V ‘ H or p Ut ^ Map 20. Quintil. I. O I. ii. 1. 

114. Martial. V. 81. U ‘ !R ‘ tivid. Fast. III. 829. Juvenal S. VII. 229. X. 

I ^". i « U ' I bic 2 d.V?bl^ad 0 3 F 8 I- !•». <i. Ti Epp. It 

6 Cic. ad. Fam. V. 8. XIII. K) XV 6 RrnV 'o et ‘ de J 11 - (,ramrn - clar. Rhet. 1 2. 

Claud. 2. Ner. 7. Val. Max V. i'v.4 ' ' ' Suet 0ctav “ Tib - 15 - ^4. Calig. 10. 


PRIVATE LIFE—MARRIAGE. 


423 


their opinions by examples and plausible arguments. In reality, it would appear 
that the time was never fixed by any invariable custom. In the earlier ages 
the completion of the seventeenth year was undoubtedly the ordinary age, for the 
young man then became liable for military service, but in later times this period 
was generally anticipated, the decision depending entirely upon the wishes of 
the father ( iudicium patris .) We may, however, lay it down as a general 
rule, that the completion of the fourteenth and of the seventeenth years wei*e the 
two extremes, and that Praetextati rarely threw off the badges of boyhood until 
upon the verge of their fifteenth birth-day, and rarely retained them after their 
sixteenth was passed. 1 

Marriage Ceremonies. —We have already (p. 249) fully discussed marriage 
from a legal point of view: it only remains for us to notice those customs and 
ceremonies, which maybe regarded as of a strictly domestic character, and which 
were commonly practised at all marriages, whether Cum Conventione in Manum , 
or Sine Conventione. 

Betrotlanent. —When a man had resolved to demand a woman in marriage, 
he communicated his wishes to her father or legal guardian, whose consent was 
indispensable, and if he found that this consent would not be refused, he then 
put the formal question Spondesne ? to which the appropriate reply was Spondeo. 
After this the parties were considered as fully engaged to each other, and were called 
respectively Sponsus and Sponsa. The ceremonial of the betrothment was 
termed Sponsalia , and was usually celebrated by a festival, and on this occasion 
the Sponsus frequently presented a ring, the Annulus pronubus , to his Sponsa , 
who offered him some gift in return 2 The proposal of marriage and the 
negotiations connected with it, were named Conditio , and hence tins word is 
used in the general sense of a matrimonial alliance , as in the phrase Ccnditionem 
fiUae quaerendam esse (Liv. III. 45. 3 ) Hence, also, when one of the parties 
wished to break off the engagement, ( sponsalia dissolveref) this might be done 
verbally by making use of the formal words Conditione tua non utor , but when 
the announcement was made through a third person, the same expressions were 
employed as in the case of a divorce, viz., Repudium renuntiare s. remittere, 
or simply Nuntium miltere. 4 

Marriage Day. —Popular prejudice forbade any marriage to be solemnized in 
May— Mense malas Maio nubere vulgus ait (Ovid. Fast. V. 490.)—but we 
are quite ignorant of the origin of this superstition. The Kalends, Nones, and 
Ides of each month, and the day after the Kalends, Nones, and Ides, were also 
avoided, as well as those days on which sacrifices were offered to the spirits of 
the dead, and all Dies Atri. The period most propitious for the ceremony was 
probably decided by an Auspex, who was in attendance to avert the consequences 
of any evil omen. (See Cic. de Div. I. 16. pro Cluent. 5. 16. luv. S. X. 336.) 

Dress of the Bride. —The Bride (Nova Nupta ) was attired in an under 
garment named Regilla or Tunica Recta , woven after a peculiar fashion, and 
was fastened round the waist by a woollen girdle ( cingulum factum ex lana 
ovisA Her hair was divided into six locks, (senis crinibus nubentes ornanturf) 

1 When Nero assumed the Togn l irilis at the age of fourteen, Tacitus remarks, Virif.it 
Tug" Keroni M’lturnhi, (Tacit. Ann. XU. 41. comp Suet. Claud. 43.) On the other hand, 
Cains was not permitted by Tiberius to throw off his Toga Praetexta until he was twenty, 
(Suet. Ca!. JO ) but this was the result of jealous despotism. 

2 Plaut. tul. II. ii. Trim II iv. 98 Poen V. iii 36. Plin. IL N. XXXIII. 1. Juvenal. S. 
VI. 23. Dion Cass. XLVIII 41. LIX. 12 LXill 13. 

3 See also Plaut. A til. III. v. 2. Stich. I ii. 81. Nep. Att. 12. Suet. Galb. 5. 

4 Digest I xvi. KM. XXfll i. 110. Plaut. Aul. IV. x. 53. Terent. Phorm. IV. iii. 72. 
Suet Cues. 21. Oetav. 02. Tacit. Ann. X.IL 3. Dion Cass. XLVI. 56. Plut. Cat. Min. 7. 


424 


PRIVATE LIFE—MARRIAGE. 


JeaHv aZt " lth ^ P° int ° f an instrument called hast a coeliharis , either 
EE 01 \ S0me ai ' tlcIe .°f the toilet in the form of a spear, wh4 was 

(w —-> whi,e h » 

tJJdnZ tial ] r ° cess l°‘ n ' &c -—The bride was invariably conducted (ducere s 

CVeniU r f the "“**0 ‘lay- from thThSSrfW 

the Mends on 1 re L'l V*," a , regul ? r P rocessio11 (•Pompa nuptialis ) formed by 
the flute r rv • • 10 -. ns 0 J °1' parties, attended by minstrels, who played upon 

Greek s ’Jd ^Zs'J T ‘t,^ ‘ he nuptial so " g “»«' ^euLT byTa 

&c either with r • ?! V P P 1 ® 0688101 ^ and hence the words Faces , Taedae 

employed in referenced ^uptmUs, Iugales, &c. are perpetually 

also in attendance Tr f A foU1 ? h 7 0uth ’ called Camillas, was 
distaff, a spindle and rthe ■ ? &n 0p ? n basket ( cumer ^) containing a 

When they reached ^e "T ? f bousewife toil (nubentis utensilia.) 

s"as 

ill omened stumble. 2 On entering the 
house, she was received by the hus¬ 
band, whom she addressed in the so¬ 
lemn words Ubi tu Caius ego Caia , 
and was presented by him with fire and 
water, to indicate, probably, that all 
tilings essential to life were thencefor¬ 
ward to be shared by them in com¬ 
mon. 1 These ceremonies concluded, 
the company partook of the Coena 
i\ uptialis , at the close of which nuts 
were scattered among the guests, and 
the bride was then escorted to her 
nuptial chamber (thalamus nuptialis ) 
by her Pronubae , who corresponded 
to our bride’s-maids, but among the 

been mamVrl T , Homans were matrons who had not 

moie than once. In the annexed cut, taken from the celebrated 

t.al procession was always five, neither more nor Pint Q R. 2? Carried in a »«P* 









MARRIAGES— FUNERALS. 


425 


painting known as the Aldobrandini Marriage , we see the bride with the 
flammeum on her head, seated on a couch, probably the Lectus genialis. with 
a Pronuba by her side. 1 

On the day alter the marriage, the new mistress of the house entered upon 
hei duties by offering sacrifice on the domestic altar, and in the afternoon an 
entertainment was given by the bridegroom, which was called Repotia. 2 

The verb Nubere signifies properly to veil , and is therefore used exclusively 
with leference to the act ot the woman in contracting a marriage, while on the 
other hand, Ducere , which denotes the ceremony of leading home the bride, is 
confined to the man; thus we say Nubere viro and Ducere uxorem , never 
Niibere uxori or Ducere virum ; e.g. Nubere Paulla cupit nobis , ego ducere 
Paul lam = Nolo: anus est: vellem si inagis esset anus: and again, Nubere 
vis 1 lisco , non iniror , Paulla , sapisti , == Ducere te non vult Prisons, et ille 
sapit (Martial IX. 6. X. 8.) 

Funeral Rites.—We shall describe the ceremonies observed in celebrating 
the obsequies ( Exsequiae ) of a man of rank and fortune ; but it must be under¬ 
stood that several ot these would be omitted in the case of individuals belonging 
to the middle and humbler classes of society. 

As soon as life was extinct, those who surrounded the couch of the deceased 
raised a loud shout of woe, ( clamor supremus,) and hence conclamnta corpora 
signify bodies in which no trace of life remains, as in the expressions— Concla- 
mata et desperata corpora—ecce iain ultimurn dejletus atque conclamalus 
processerat mortuus—turn corpora nondum = Conclamata iacent—At vero 
domui tuae iam dejletus et conclamatus es. 3 Notice of the death was imme¬ 
diately sent to the temple of Venus Libitina, where a register was kept and a 
fee paid, ( Auctumnusque gravis Libitinae quaestus acerbae , Hor. S. II. vi. 
19.) and where undertakers, hence called Libitinarii , were constantly in 
attendance to provide all things necessary for interment. By one of these, a 
slave, called Pollinctor, was forthwith despatched, by whom the corpse was 
washed with hot water, anointed, dressed in the garb which it had worn on 
ceremonial occasions when alive, and laid out upon a couch ( Lectus funebris) 
in the Atrium, with its feet towards the door. In performing these offices, the 
Pollinctor was said curare corpus ad sepulturam. A cypress tree or a pine 
was then placed before the house, partly as an emblem of death, partly to give 
warning to priests or others, who might have incurred pollution by entering 
incautiously. 4 

Many funerals, especially those of a private or humble description, took place 
by night, and hence torches are frequently mentioned in connection with the 
rites of sepulture, as well as with those of marriage. Thus in one of the elegies 
ot Propertius (IV. xi. 46.) the spirit of a wife boasts— Viximus insignes inter 
utramque facem , i.e. from the day of marriage until the hour of interment; 
and one of Ovid’s heroines (Heroid. XXI. 173.) exclaims in her misery— Et 
face pro thalami fax mihi mortis adest. The procession was marshalled by 
a sort of master of ceremonies called Designator , who was aided by assistants 

1 Plut. Q.R. 1. 30. Cic. pro Muren. 12. Quintil. I.O. I. vii. 28. Paul Diac. s.vv. Aqua, 
p. 2. Facem, p. 87. Ovid Fast. IV. 792. Digest. XXIV. i. 66. Stat. Silv. I. ii. 1. seqq. 

2 Macroh. 8. I. 15. Festus s.v. Repotia, p. 281. Porphyr. on Hor. S. II. ii. 60. 

3 Quintil. Declam. VIII. 10. Ammian. Marcellin. XXX. 10. Ovid. Trist. III. iii. 43. 
Lucan Phar. II. 22. Apulei. Met. I. 5. II. 38. 

4 Plut. Q.R. 23. Dionys. IV. 15. Hor. S II. vi. 19. Suet. Ner. 39. Plaut. Asin. V. ii. 60. 
Digest. XIV. iii. 5. Liv. XXXIV. 7. XL. 19. Iuv. S. III. 171. Plin. H.N. VII. 8. XVI. 10. 
Serv. ad Virg. ACn. III. 64. 


426 


FUNERALS. 


called Lictores , attired in mourning— dum ficus prima calorque — Desic/na - 
torem decorat lictoribus atris (Hor. Epp. I. vii. 61.) First came the musicians, 
1 ibicmes, Cormcines, and Tubicines ; then the Praeficae , hired female 
mourners, some, of whom chanted dirges, ( Naeniae ,) while others shrieked 
aloud, beat their breasts,, and tore their hair; then dancers, dressed up like 
satyrs; then actors, ( MW,) among whom was one termed the Archimimus, who 
mimicked the appearance, movements, and language of the dead man ; then the 
Imagines of illustrious ancestors in long array. * The body itself followed 
extended upon the Lectus funebris, which was spread upon a frame or bier 
cal ed Feretrum or Capulus , and this was supported sometimes by the 
children or near kinsmen of the deceased, sometimes by those among his Liberti 
to whom freedom had been bequeathed by his will, and in the case of slaves, or 
of those among the poor who had no relatives, by bearers called Vespillones , 
furnished by the Libitmanus. The bier was followed by all the family, connec¬ 
tions, and friends, attired in black, (atrati,) the newly liberated freedmen wear¬ 
ing the pileus on their heads. 2 The lines of Persius (S. III. 103.) contain 

of gluttony SeV€rai °^ tbe P°* nts noticed above. Speaking of one who had died 

Hinc Tuba, Candelae, tandemque beatulus alto 
Oompositus Lecto, crassisque lutatus amomis 
In portam rigidos calces extendit, at ilium 
Hesterni capite induto subiere Quirites. 

, defiled into the forum, and, in the case of persons of distinction, 

halted beneath the Rostra , when some one of the relatives or admirers of the 
. parted asccnded the P. lat { orn b and delivered a panegyrical harangue (Lau- 
datio funebris Solemnis laudatio .) 2 This being concluded, the procession 
resumed its course, and proceeded to the place where the body was to be 
interred or burned; and it was ordained by the Laws of the XII Tables 
ttiat tins place must, in either case, be outside of the city walls— Hominem 
in urbe ne sepelito neve unto. Inhumation was generally practised in the 
eauer ages ; but towards the close of the republic, and during the first four 
centuries of the empire, the body was, in the great majority of cases, con¬ 
sumed by fire, and the ashes consigned to the tomb in an urn. The pile of 
wood raised for this purpose was termed Rogus or Pyra: the place where it was 
erected Ustnna; and what remained after the flames were extinguished, Bus turn 

ofbnt T r T! being fre f 6ntly em P% ed in a general sense, to denote a place 

to f kenlTf J 16 COrpS \ haV11 ^ been P laced 011 tbe ^gus, perfumes and various 
tokens of affection were thrown upon it, and then the son or nearest relation, with 

a\cited face, applied a torch to the structure. When the whole was consumed 
ie g owmg embers (fiavilla) were extinguished with wine, the charred bones 
were collected sprinkled first with wine, then with milk, dried with a linen cloth 
mixed with the most costly perfumes, and enclosed in an urn of earthenware’ 
maible, glass, or metal, which was deposited in one of the niches, ( loculi ,) arranged 

J.rVaSri?* Vi ?T\ n ] » 

Vesp - 19 ‘ Po, y b VI 53.' 5 plin. Ms 

must not be confounded with the Sandaviln a eovprpd b rct,, ' a ® r Lectus funebrit 

of the community were conveyed to the tomb the ^ 9 offin l n 0 W hich t l le humblest portion 
of Martial. Mart. IL 81. VII? 75 X 5 f or 8 t S o™* 

3 Polyb. VI. 53. Dionys IV. 40. V 17 X 54 xr' g 9 ' p^Lp 8 ’ Sl >et. Dorn. 17. 

50. VIII. 40. Cic. Brut. 16. de Orat II 11 ** XL 3 ' Plufc Popllc - 9 - Cami| l 8. Liv. V. 


FUNERALS. 


427 


in regular rows in the interior of a family tomb, ( Sepulcrum ,) which, from 
the appearance thus presented, 
was sometimes termed Colum¬ 
barium. 1 Annexed is a re¬ 
presentation of a place of sepul¬ 
ture of this description, as 
now exists at Pompeii. 

Nine days after the inter¬ 
ment, a repast, called Coena 
Feralis , consisting of a few 
simple articles of food, was 
placed beside the tomb, and 
of this the Manes were sup¬ 
posed to partake. The solem¬ 
nities performed when this 
sacrifice or offering was pre¬ 
sented, were comprehended 
under the terms Novemdiale Sacrum , or Feriae Novemdiales. The Coena 
Feralis must not be confounded with the Coena Funeris , a banquet given in 
honour of the deceased, by his representative, at the family mansion; and the 
Coena Funeris must be distinguished from the Silicernium, a repast taken 
beside the tomb. 1 2 

\\ hen any great public character died, the whole community were requested 
to attend, and such a funeral was styled Funus Publicum , or, in consequence 
of the invitation being given by a public crier, Funus Indictivum. These were 
frequently accompanied by shows of gladiators and games ( Ludi funebres) of all 
descriptions, and concluded by a magnificent banquet, ( Epulum funebre,') to 
which the most distinguished members of the community were asked, while a 
distribution of food ( Visceratio ) was made to those of inferior grade. The 
most gorgeous ceremonies were usually lavished on the last rites of one who had 
held the office of Censor, and hence any funeral conducted in the same manner 
was called a Funus Censorium. 3 

We need not feel surprised at the extreme importance attached to these obser¬ 
vances by the ancients, when we remember that a. belief prevailed among almost 
all nations, that unless the body was decently committed to the earth, the spirit 
was unable to gain admission to its appointed abode, but wandered about in 
restless misery. The dead were regarded as lawfully entitled to a decent burial 
from the living, and hence the ordinary phrases which express the fulfilment of 
this obligation are Iusta (s. debita) facere s. reddere s. solvere. Any one who 
chanced to find an unburied corpse, although it were that of a stranger, was 
held to be guilty of impiety if he did not perform the rites of sepulture in their 
most simple shape, by thrice casting a handful of earth upon the remains ; (Ilor. 
C. I. xxviii. 22. &c.;) and if the body of any member of a family was known 
to be unburied in consequence of death by shipwreck or from any other cause, 
then an empty tomb ( Cenotaphium ) was raised to his memory, and his heir 

1 Cic. de legg. II. 22. 23. Plin. H N. VII. 54. Virg. JEn. VI. 216. seqq. Tibull. III. ii. 
C—30. Stat Silv. V. i. 208—211. 

2 Hor. Epoo XVII. 48. and Schol. Tuv. V. 84. Serv. ad Virg. 2En. V. 64. Paul. Diac. 
s.v. liespursum virtual, p. 263, and the corresponding passage in Festus. which is sadly 
mutilated. Pers. V. 33. Liv. VIII. 22. XXXIX. 46. Cic. pro Muren. 36. Non. s. v. Silicer- 
ttinm. p. 33. ed. Gerl. 

3 Varro L.L. V. § 160. Cic. de legg. II. 24. Tacit. Ann. IV. 15. XIII. 2. 






































































































































428 


FUNERALS—DIVISIONS OF DAY AND NIGHT. 


was obliged to sacrifice each year a victim termed Porca Praecidanea, to Tellus 
and Ceies, m order to free himself and kinsmen from pollution. 1 

?• 6r the 1 °. rdinar * v funeral rites had been performed with all due 
0 T a * ons ’ 111 fbis case called Inferiae, were, by many persons, regularly 
i • i t v ° P aien ^ s and near relations by their surviving children and 

1’ fc i ngs of affectioi b because such tributes were believed to be 
^ II p ° 16 anes - Tliose who made offerings of this description were 

Z lZfTJ “’?■ Vm °* ? f tl,e ? ear chie % set a P“ ^ this purpose was 
thp dflvJd f th ^T a m 111 Februar y> (the month of purifications,) and hence 
nVTJT S -I hlCh theS a solemnities were continued were called Par en tales 
sensp nSv Parentalia. Parentare is used also in the general 

sense of propitiating the dead, without particular reference to relations. 2 * 

tlip d^?.-u?°? nt r s ^ eS l n .^ e Fat ' u Classics relating to the interment of 

first nuhlishpd f it U11 i co e p ted “l Kirchmann, Be funeribus Romanorum , 
fust published at Hamburgh m 1605, and frequently reprinted. 

II. Customs connected with Every-day Life. 
th(fthv*at Ilome 1 * e ^ iam * n vvddcd he describes the ordinary mode of spending 

Piirna salutantes atque altera continet horas, 

Lxercet raucos tertia causidicos. 

In quintam varios extendit Roma labores, 
c 4 u ^es lassis, septima finis erit. 

feumcit in nonam nitidis octava palaestris, 

Imperat exstructos frangere nona toros.— IV. viii. 

The occupations here indicated are— 1 . Paying and receiving visits. 2 Pro - 
fess l0 ncd business. 3. The noontide Siesta. 4. Exercise 9 5. The Repast 

5 !t W wordsu P° n each of these in succession, commencing with an 
explanation of the system according to which the day was divided into hi* 

till n 180 ) 1 S i° me acc ? unt <d> tIie F>at, b which is not specifically noticed by Mar¬ 
tial, probably because he regarded it as inseparably connected with exercue 
Divisions of the ©ay and the Night.—In their computations of time the 
Romans made use of the Natural Day and Natural Night, the former extending- 
from Sunrise to Sunset, the latter from Sunset to Sunrile. extending 

dividedlntn ¥ f* Day \~~ The s P ace from Sunrise to Sunset was supposed to be 
divided into twelve equal spaces, each of which was called Horn, but since this 

"vlrTe r Y " man!feSt that the ^ ^ a Rom" 

increasing flY IT* ¥ tW °i d . ays consecutively, that it went on constantly 

mmmTlhZ fin*?* when J t was shortest, until the 

solstice, ( Solstitium ,) when it was longest, and coincided in length with 

Y? poi Y s only J n i he ^ mme1 ^ at the SoTet 

was an hul cm 0rUS j N ? 011 ’ Mendies; Sunset, Solis Occasus; Mane 
a an ^definite word, denoting the early part of the day: Temvus Ante 

Pom¥r m corn P rehended the whole space from Sunrise to Noon Tamms 
Ser Notr WW 1110 SUDSet ’ Meridki IncUnati0 the of the d^ 

Bivisions of the Night.— The space from Sunset to Sunrise was divided into 

M f ius IL a 22. DiaC ‘ S ' V ‘ Praecidan ™> P. 223. 

Ovid. Fast. IL 5a7. Cic. de legg. II. 21. pro Flacc. 38. Philipp. I. 6. 


MEASUREMENT OF TIME. 


429 


four equal spaces called T igiliae, severally distinguished as Prima . . . 
Secuiida . . . rertia . . . Quarta Vigilia , each Vigilia containing three 
Horae Noctis. As in the ca$e of the hours of the day, the length of the 
Vigiliae constantly varied, they were longest in winter and shortest in summer, 
containing three of our hours at the Equinoxes only. In every-day life eight 
divisions of the night were adopted, which were, however, altogether indefinite. 
These, taken in order, were, 1. Vespera s. Crepusculum ; 2. Prima Fax s. 
Prima Lurnina s. Primae Tcnebrae; 3. Concubia Nox ; 4. Intempesta Nox , 
corresponding to Midnight; 5. Mediae Noctis inclination 6. Gallicinium ; 
7. Conticinium; 8. JDiluculum. 1 

Modes of Measuring Time— The progress of the day and the night must, 
for a long period, have been guessed from observing the position of the sun and 
of the stars, for no contrivance for the measurement of time was known at 
Rome until the latter end of the fifth century. According to one account, the 
first sun-dial was brought from southern Italy, and placed in front of the 
temple of Quirinus, by L. Papirius Cursor, about B.C. 293; according to 
another account, the first sun-dial was brought by M. Valerius Messala, from 
Catania in Sicily, in B.C. 263, and fixed near the Rostra. Neither of these 
having been constructed for the latitude of Rome, the indications they afforded 
were necessarily incorrect and inconsistent with each other, but they were 
followed as guides for nearly a hundred years, until Q. Marcius Philippus 
(Consul, B.C. 169) set up a more accurate instrument In B.C. 159, P. Scipio 
Nasica, at that time Censor, introduced Clepsydrae , which were contrivances 
resembling in principle our hour-glasses, but in which water was employed 
instead of sand. These appear to have been extensively used, and it is manifest 
that whatever space of time they were constructed to measure, it must have 
been fixed like our own hours, and could not have varied like the Roman hours 
with the season of the year. Ingenious and complicated contrivances, which 
gave results similar to those afforded by modern clocks, were invented by Greek 
mechanicians, and w r ere doubtless known to the Romans, but they were regarded 
merely as curiosities, and certainly never superseded the Solarium and the 
Clepsydra , which, in courts of justice, were watched by an Accensus, who 
reported to the magistrates the hours as they passed, wdiile in large private 
establishments a slave was kept for the purpose. 

The words which strictly denote sun-dials are Solaria and Sciaterica , while 
Horaria and Horologia may indicate any instruments for measuring time; 
Solarium , however, was used as equivalent to Clepsydra — Solarium vel 
descriptum vel ex aqua , (Cic. de N. D. II. 34. comp. Censorin. 23,) but 
Clepsydra was confined to water-clocks. 2 

Salutntio. Npovtula. —In the early ages of the state, it was part of the duty 
of Clients to be assiduous in their attendance on their Patron, to escort him down 
to the Forum, and to swell his train upon all occasions of ceremony; while on the 
other hand, the house of the Patron was always open to his Clients, who sought 


1 Varro L. L. VI. § 4—8. § 89. Plin. H. N. VII. 60. XXXVI. 10. Macrob. S. I. 3. Censorin. 
23. 24. Isidor. V. xxxi. 5—!4. 

2 Varr. Plin. Censorin. 11. cc. Vitruv. IX 8 9. Athenae. IV. 75 Pliny (Epp II. 11) speaks 
of the Clepsydra being used in courts of justice for measuring the time during which each 
pleader was allowed to speak— Dixi horis penp quinqnp, vain dundreim Clepsydrift quns spatio- 
sissimus acceperam sunt additae q"ntnor, so that, if the reading be correct, these Clrpy/drae 
must have measured about one-third of an hour Observe, that the words quits spntiafisxi- 
tnus do not indicate, as Becker supposes, that there were different Clrp*t/drae, but simply, 
that he was allowed large measure, i.e. that some little time was allowed after the water had 
run out of the vessel, before it was filled again. 


430 


SALUTATIO—SPORTULA. 


his advice and assistance in all cases of perplexity or danger (pp. 63, 64.^) After 
poHeal distinctions between Patrons and Clients were entirely at an end, the 
old names and the old feelings were still retained, the high-born noble still loved 
to be sunounded by a throng of obsequious followers, and multitudes were still 

whoirlr 0i ; g f Clti f ens ’ es P ccia51 y rtini and their descendants, 

eie eager to attach themselves to the persons of the rich and powerful 

and to repay, with coarse flattery, the protection and aid which they received! 

for'tho'e liho C f Se ° f t h“- e re P" b ' lc > and ™ der empire, it became customary 
sivc influx ’ f ro ' n ‘I 1 ® 11 weal Ith, connections, or high stations, possessed exten- 
• , , e i t0 hold dad J regular levees, which were attended by many who 

simply uesired to testify their respect and regard for the individual. 1 but by 

^ Hind •' L h ° ped t0 o i] n! ieflt hy lds P ower and patronage, ( scilutatio meri- 

1 'i ?') l 111 * he case Chents and dependents, such visits were regarded as 

Mnrth? eiatlVe dU ^ The re S ular P°ur of reception, as indicated by 

„ , / , was sannse ’ aad Pence the expressions Salutatio matutina—Officia 
antclucana mgentem forth us damns alia superbis = Mane Salutantumtotis 

us with \uZ Und r (V j r t G * IL have the Satirists failed to present 

streeffin ? rG t ‘ 6 C1W ? S wh ° rose in haste and hurried through the 

alarmed^ t J? ld . da f . ran ;j mornings of winter, all in full dress, (togati,) each 
hl snyal should be beforehand with him in rendering homage- 
solucitus ne = rota salutatnx tarn turba peregerit orbem. (Iuv S V In 

ofSSrb 6 " even the most humble possessed a certain amount 
siona y to L. L m? “T f ° r the - reat raa " to invite his retainers occa- 

t he 71 Ld tl f h Unde / 16 emp,re ’ the ll1xul 'i°us habits universal among 
’ d the abse nce of any strong inducement to cultivate the favour of 

asVLT’ f aSSeS ’ CaUS - d thlS practice t0 fal1 in a great measure into disuse 2 but 
as a soi t of compensation, all who were recognised as Clients of the house were 

coHM - e * CeiVe oc T casiona11 ^ or dail J, a « the case might be, an allowance of 
cooked provisions. This gratuity being carried off in a basket provided for the 

SrSsLaVsWs fT da ' t i eSe b f kets or tra 7 8 we ™ sometimes fitted 
distlnee braZiers to kee P the viaild « Pot while transported to a 

Nonne vides quanto celebretur Sportula fumo ? 

Centum convivae; sequitur sua quemque culina.—Iuv. S. III. 249. 

In process of time, many found it convenient to substitute a small sum in monev 
oi the allowance of provisions, and the amount thus bestowed seems to have 
been fixed at a hundred Quadr antes, that is, about a shilling sterling. 

It is cleai from the words of Juvenal and Martial, that, when they wrote the 
persons who applied for and received the Sportula were by no means^ exclusively 
the lowest and poorest of the community for while the IntiAv ^ 

depended entirely upon the Sports ITJCO 

™ en t0 1]1 £ h did not disdain to calculate the profits iS? from Sh 

source as a regular item in their income. P b 

Sed quum summus honor finite computat anno, 

Sportula qiud referat, quantum ratiombus addat• 

coraite ®’ ^uibus bine toga, calceus hinc est, 

Itt panis tumusque domi?—Iuv. S. I. 117. 

2 If a poo'r^lifnUiyLy chaLo was honoured wUh XXIX ? om P- de Benef. VI. 33. 

was subjected to all manner of slights and insu ts spffti inv ' tatloI I t° his patron’s board, he 
and comp. Plin. Epp. II. G. ,,,BU ‘ ts * bee the whole ot the 5th Satire of Juvenal 


SPORTULA—BUSINESS. 


431 


^ e earn also, that in each great house a regular list was kept of persons entitled 
to the Sportula , who might be either males or females, and that, to prevent 
imposture, all were required to make their claim in person. An amusing 

description will be found in Juvenal of the tricks resorted to in order to evade 
this regulation. 

As to the time of doling out the Sportula, our two great authorities in this 
matter, Juvenal and Martial, are at variance, the former (S. I. 128) represents 
it as the first act of the day, the hitter leads us to believe that the distribution 
took place immediately before the evening meal (X. 70.) 

We may conclude from Seneca, compared with Juvenal and Martial, that, 
even during the first century, the turbci mane salutcmtum was divided into three 
classes—1. Those who were the friends and equals of him who held the levee, 
and who visited him from courtesy only—such had the first entree (Primae 
Admissiones.') 2. Those who, although desirous to solicit interest and favours, 
occupied a respectable position—such had the Secundae Admissiones. 3. The 
throng ol needy retainers, who were not admitted to the presence at all, but 
received their Sportula at the door (primo limine-) 1 

Professional Business.— The first and second hours of the day having been 
consumed by visits of ceremony, the third, fourth, and fifth, according to the 
arrangements described above, were devoted to various toils, the third especially 
calling forth the energies of the judicial pleader. The space set apart for the 
active occupations of life appears, at first sight, altogether inadequate, but it 
must be remembered that the ideas entertained by the countrymen of Martial 
with reference to what we call Professional Business, were altogether different 
from our own. During the earlier ages of the republic, the time of a citizen was 
divided between war and agriculture, the latter was regarded as the only pursuit 
by which gain could be honourably acquired, and the Romans, at all periods of 
their history, were enthusiastic lovers, in theory at least, of the country and the 
labours of the farmer. In process of time, as the intercourse with distant coun¬ 
tries became more frequent, the merchants (Negotiatores) engaged in foreign 
trade commanded a certain degree of respect in consequence of their wealth, but 
a great number of these resided abroad, w hile the rest were constantly moving 
from place to place, so that they never exercised much political influence, and, 
therefore, never occupied a high position in the community. The members of 
Ordo Eqnester indeed, which, from the time of the Gracchi, was composed of 
the class of monied men, (p. 74,) invested their funds in the joint-stock com¬ 
panies (societates) which farmed the public revenues, (p. 238,) but they merely 
furnished the capital required to conduct these enterprises, the whole burden of 
the practical details being in the hands of subordinate agents and managers. We 
have seen in former chapters (pp. 312,379,) how the Army and the Bar even¬ 
tually became Professions , in the modern acceptation of the term, but the num¬ 
ber of professions open to persons in the upper ranks of life was not increased for 
centuries, the practice of all the other liberal arts and sciences, by which fortunes 
could be realised, being for the most part in the hands of Greeks. 

It the merchant on a large scale was treated with a certain degree of consider¬ 
ation, the retail dealer ( Institor ) and the artizan ( Opifex) were at all times 
regarded wdtli contempt, and this feeling became so strong, as the dignity of 

1 On the Salutatio in general, see Iuv. III. 126. V. 19 76. Senec. Ep. LXVIII. de Benef. 

VI. 34. de Brev. vit. 14. Plin. Epp. III. 12. Martial IV. 8. IX. 100. X. 10. XII 26. On 
the Spot tub i, see Iuv. S. I. 95 seqq 117. seqq. III. 249 Martial. I. 60. Ill 7. 14. 46. IV. 25. 08. 

VII. 39. VIII. 42. 50. IX. 86. 101. X. 27. 28. 70 74. 75. comp. Suet. Ner. 16. Dorn. 7. 


432 


EXERCISE. 


Rome rose high, that we have reason to believe that, towards the close of the 
commonwealth, the great majority of those who followed such callings were 
slaves or libert.ini, and the absence of all means of earning an honest livelihood 
with credit, may, in some degree, account for the excessive venality which pre¬ 
vailed among the lower class of citizens. The same dislike to industry pre¬ 
vailed ttndei the empire, and a large number of the freeborn citizens passed tiieir 
hves in absoiute idleness, depending upon the pittance yielded by the Sportula, 
(p. 430,) and on the gratuitous distributions of grain and other largesses pro¬ 
ceeding from the liberality or the policy of successive princes. If, however, their 
poverty was abject, their desires were moderate, they demanded nothin? but 
bread, and the public shows 

Qui dabat olim 

Imperium, Fasces, Legiones, omnia, nunc se 
Continet, atque duas tantum res anxius optat 
Panem et Circenses. 


The ^iesirn. This requires no illustration. The practice of retiring to rest 
f uring the hottest portion of the day still prevails in Southern Italy, as well as 
m Spam and m tropical countries. J 

Exercises. Exercitation.es. — The martial character of the Romans led 
them to cultivate with enthusiasm all kinds of manly and athletic sports. From 
the very commencement of the republic, the Campus Martins was specially set 
apait as the public exercising ground, and here the youth were accustomed to 
assemble each day, in order to acquire, by practice, skill in the use of warlike 
JS?’ and to gam power and agility of limb by severe and assiduous 
iqvpbn^V I | eie the y foim d. ample scope for horsemanship, for launching the 
wrp tr’ f ° r 1Ul in ? the qu01t ’ for P u £ ilis tic encounters, for running, leaping, 
boon h (Trn a ! ld . gymnastic feats, among which trundling a 

\ (Pochus ) was included. In order to increase the violence of the exer¬ 
tion, some ran or leaped, swinging in their hands heavy weights called Halteres 
aiiswenng the purpose ot modern dumb-bells; 2 while others, instead of fencing 
wRh then- comrades, armed themselves with large wicker shields, twice as heavy 
al l ? 1011 " 17 fT^\ and wi . th clllbs twice as heavy as the legionary sword, 

«p;rr,;S ed a senes ° f bWs ^ * *»* p- ^ 

But m addition to the Exercitaliones campestres equorum et armorum in 

Pursued”' w£h tb f y0 "“ S m,d I? 0 , 10 ' 1 , 5 COuId “«**«. «*» amusements were 
stZ”tl IV? ea g e rness, winch demanded dexterity rather than physical 

excluded rhief n W “ C l! therefore ’ Pf 80ns advanced in years were not 
excluded. Chief among these were various games at ball, (ludere vila ') to 

winch we find very many allusions in the writers of the empire, i/appears 
materhds-- Were ° f balls ’ diffe ^ -ch odier in siz^mid 

restriemd a «J hiC a ' S ^ narae for an ^ ball » but wh ich, when used in a 

restncted sense, denotes the ordinary small hand-ball. 

Eila Paganica, larger than the common Pila, and stuffed with feathers. 

HI. in diSC °J pu ? i/la ! u ' PH = Saliendo, sese erercebant (Plaut Raech 

egnus (olid. Ta! H in ^ 
nunccelpri rohitur orbe trOchus (Trist HI xii. 19.) l b nunc lud itur armu = Nunc pila, 

term ?d ^Hutt^Hxiap. XIV ' I9 ' tienec - Epp ' X ^- LYI - The athletes who used these were 
3 Veget. I. 11. Iuv. S. VI. 247. Martial. VII. 32. 


EXERCISE—BATHS. 


433 


3. Follis s. Folliculus , larger than either of the two others, inflated with air 
like our foot-ball, but struck with the hand. 1 

To these some would add the Trie]on or Pila Trigonalis and the Harpastum , 
but these were not the names of balls, but of particular games played with the 
common Pila. Thus Horace, when speaking of the former (S. I. vi. 126.)— 

Ast ubi me fessum sol acrior ire lavatum 
Admonuit, fugio Campum Lusumque Trigoxem. 

Various expressions occur with regard to the manner of playing, which we 
can explain by conjecture only. Thus Ludere datatim seems to indicate the 
throwing and catching of the ball by the players in turn, and to this mode 
belong the phrases Dare s. Mittere Pilam , and Accipere s. Excipere Pilam , 2 
and then Peddere s. Remittere Pilam. 

Again, Ludere expulsim must imply striking the ball away by a sharp blow, 
while the player opposite struck it back in like fashion ; to the former operation 
we apply the phrase Expidsare Pilam; to the latter Repercutere s. Geminare 
Pilam , while Revocare Pilam means to catch it up just as it was on the point 
of falling to the ground. 3 

In the Trigon or Pila Trigonalis , the players stood, as the name denotes, so 
as to form a triangle. The ball was either thrown or struck from one to another, 
and when the performers were skilful, the left hand only was employed. 4 

In the Harpastum, to which the phrase Ludere raptim belongs, there was a 
struggle for the ball among the players, who endeavoured to snatch it from each 
other, but we are quite ignorant of the details. 5 

Since exercise of some sort was considered as a necessary preliminary to the 
daily bath, just as the bath was considered a necessary preliminary to the evening 
meal, spacious courts for athletic sports, designated by the Greek words 
Gymnasia and Palaestrae , were always attached to the Thermae or great 
bathing establishments, and a Sphaeristerium or Ball-room was not unfrequently 
to be found even in private mansions. (Plin. Epp. V. 6.) 

Ba*hs.— In a climate so hot as that of Italy, the comfort and salubrity of 
frequent ablutions must have been felt and acknowledged by even the rudest 
tribes, but we are assured that in the earlier ages of the republic the Romans 
were not wont to purify themselves thoroughly more frequently than once a-week 
— nundinis toti lavabantur (Senec. Ep. 86.) Towards the close of the republic, 
however, and under the empire, the daily bath became a necessary of life, and 
an indispensable preliminary to the evening meal, and the magnificent piles 
erected for the convenience of the public by the liberality or ostentation of princes 
and private individuals, placed the luxurious indulgence of this habit within the 
reach of the humblest classes in the community, the ordinary charge being a 
Quadrans only—about half-a-farthing of our money. 

No subject connected with antiquarian research ought to admit of more 
complete illustration than that of which we now treat. We have the scientific 
descriptions of professed architects, extensive ruins in Rome and in various 
provinces minutely described by local antiquaries, a complete establishment 

1 Martial. VII. 32. XIV. 45. 47. The exercise of the Follis was particularly gentle. 
lie procul iunenes , initis mihi convenit aelas.= Follk dpcet pueros ludere, foli.r spues. 

2 Plaut. Curcul. II. iii. 17. Non. s. v. Ualatim p. 67. ed. Gerl. Senec. de Benef. II. 17. 
Manil. V. 165. 

3 Martial. XIV. 46. Senec. 1. c. Saleius Paneg. in Pison. 173. 

4 Hor. S. I. vi 125. Martial. VII. 72. XII. 83. XIV. 46. 

fi Martial. IV. 19. VII. 67. XIV. 48. Non. s.v. Datatim, p. 67. ed. Gerl. 

2 F 


434 


BATHS. 


disclosed by the excavations at Pompeii, and numerous allusions in writers upon 
all subjects. But, perhaps, nothing has contributed more effectually to dispel 
doubt and correct misapprehension, than a pictorial representation found upon 
a wall in one of the rooms of the Thermae of Titus, in which the interior of a 
public bath is opened up to view, and the names of the different apartments 
painted in legible characters upon each. 1 See the sketch in the next page. 

In what follows, we do not propose to give a detailed account of the gorgeous 
structures of the empire—the lavacrci in modnm provinciarum exstructa, as thev 
are termed by Ammianus (XVI. 10.)—such as those reared by Caracalla and 
Diocletian, which contained within their vast compass gardens, colonnades, halls, 
saloons, libraries, courts for all varieties of athletic sports, every thing which 
could minister to the comfort or amusement of visitors of all ranks and tastes,— 
but to confine ourselves to a description of those parts which were essential in a 
complete Bathing establishment, in which a bath might be taken in three ways : 
1. Cold Water. 2. Hot Water. 3. Hot Air. This being premised, we shall 
consider the different rooms in succession. 

.1. Frigidarium s. Celia Frigidaria, an apartment not warmed artificially. 
^ isitors entered this first, and here probably those undressed who intended to 
take the cold bath. Accordingly, at Pompeii we find opening out of it on one 
side a— 

2. Natatio s. Natatorium s. Piscina s. Baptisterium. The cold plunge 
bath, which was generally large enough to allow those who entered it to swim 
about; the Natatorium in the Thermae of Diocletian was 200 feet lono- and 
100 feet broad. 

Beyond the Frigidarium , that is farther removed from the outer door, was 
°* Tepidarium, a room heated artificially, but not to a very high tempera- 
tuie. Here the great body of the bathers left their clothes under the charge of 
slaves called Capsarii , by whom they were deposited in boxes or cupboards 
kept for the purpose. The apartment, from this circumstance, was sometimes 
called Apodyterium. Beyond the Tepidarium was the 
4. Caldarium s. Sudatorium, s. Concamerata Sudatio, under the pavement 
of winch were formed a number of flues, ( Suspensurae CaldariorumA through 
v nch cn ciliated the hot air and flames of the furnace ( Hypocaustum .) In one 
cmnei was placed a cylindrical hollow pillar called Laconicum , communicating 
directly with the flues, closed at top by a disk of metal ( Clypeus aeneus.) When 
tins was raised, the heated air and even the flames could be admitted directly 
into the chamber, and thus the temperature elevated to any height. Around 
the walls were benches rising one above another, on which the bathers sat until 
they burst out into a profuse perspiration, after which they were scraped with a 
bronze instrument called a Strigil, thin and flexible like a hoop, by which all 
impurities were removed from the skin, they were then shampooed , rubbed down 

T;-/ 0 r ’ and tIieir bodies anointed with oil by an attendant called 

pites, after which they returned to the Tepidarium , where they attired them¬ 
selves, and coo ed gradually before returning to the open air. Some persons, 
however, m addition to, or as a substitute for, the vapour bath, took the hot 
water bath, in which case they proceeded into the room which was called 

o. Balneum , (in a restricted sense,) and here they might bathe in hot water 


IL vf d iJ- 4 p Senec - Epp ' LL LVI - LXXXVI. riin. Epp. 

calla, and Diocletian, see t^worksof Buvlev amW 0 " 3 T th ® Thenn " e of Ca?L 

Pompeii, the works of Cell and of Mazois, and the tiXnMorZSw™ ^ at 


BATHS. 


435 


in t\\o ways, either standing in a large tub called Ldbrum , in which case, pro- 
bably, the hot water was thrown over them, or immersing themselves in a tank 
of hot watei called Alveus , sunk below the level of the floor. The Balneum 
represented below is heated with flues like the Caldarium, so that those who 
enteied it would enjoy at once a hot water bath and a hot vapour bath, the 
vapour heie being moist, while in the Caldarium it would be dry. 

The Labrum and Alveus were supplied from a connected series of three vessels, 
the Mater entered cold from the cistern into the first, passed from thence into 
the second, which stood lower and received a certain degree of warmth from 
the fuinace, and attained to the required heat in the third, which stood lowest, 
l hese three vessels bore respectively the same names as the chambers to which 
they corresponded in temperature, being styled Frigidarium , Tepidarium , and 
Caldarium. 

^ e have described the arrangements exactly as they are represented in the 
subjoined sketch, and we shall perceive that in this there is still another apart¬ 
ment, the Elaiothesium , in which the various perfumed oils employed in anoint¬ 
ing are seen ranged on shelves, like the bottles in an apothecary’s shop. 



According to the extent of the structure, the number of distinct apartments was 
increased or diminished. In some, the visitors undressed and rvere anointed in 
the Tepidarium; in others, there were an Apodyterium and an Unctorium 
distinct from the Tepidarium. In the Baths at Pompeii, the Alveus and the 
Labrum were placed in the Caldarium. Again, the mode of bathing differed 
according to individual taste. Some persons took the cold bath alone; some, 
after taking the hot air bath, or the hot water bath, or both, cooled themselves 
in the Tepiaarium ; some, on leaving the hot chambers, plunged at once into 
the cold Piscina , just as the Russians, after enduring for a time the intense heat 
of their vapour baths, roll themselves in the snow. 

We have seen Balneum applied in a restricted sense, to signify the hot water 
bath ; but Baiinea , Balnea , Balineae, Balneae , are used in a general sense to 
denote baths of any description, either those in a private mansion, or those open for 
the accommodation of the public. These words, however, are usually confined to 
establishments upon a moderate scale appropriated to bathing exclusively, while 
the foreign term Thermae was applied to the immense edifices alluded to above, 




































































































































43 G 


MEALS. 


the fhst of which was raised by Agrippa, whose example was followed by Nero, 
'htus, Caracalla, and Diocletian. We are expressly told by Dion Cassius (LIV. 
29,) that Agrippa bequeathed his baths to the people, in order that they might 
bathe free of cost; and we cannot doubt that the founders of the other great 
1 hermae were equally liberal; but from the constant mention of the Quadrans 1 
in connection with public baths, we are led to believe that this trifling sum must 
have been contributed by all, perhaps to cover the expense of oil and attendance, 
even when the admission was nominally gratuitous. There were besides, in 
every quarter of Rome, baths kept by private speculators, and at these the charges 
wouid be higher, and the visitors, probably, more select. 

. P ei i°d at which the bath was usually taken must have been between the 
eighth and ninth hours, according to the distribution of the day detailed in the 
tpigiam of Martial quoted above. But the same author, in two other passages, 
( 1. ob. a. /0,) speaks of the tenth hour or even later; Pliny (Epp. III.'] ) 
ot the ninth hour in winter and the eighth in summer; while Juvenal (S. XI. 205’) 
e s his friend that, on a holiday at least, he might, salva fronte, repair to the 
Bcdnea before noon. _ It is manifest that in matters like this, every tliino- must 
have depended upon individual tastes and habits. 

Meals.. The Romans, during that period of their history with which we are 
best acquainted, took only two regular meals in the day; the Prandium in the 
morning, and the Coena , which was always the principal repast, in the afternoon. 
It has been conjectured that m the earliest times they took three, the Prandium 
at an early hour, the Coma about mid-day, and the Vesperna in the evening 
eonesponding to the upkjtov, the fohrw, and the SoWo* of the Homeric 
Greeks, but the evidence for this is altogether defective. 2 

tw! fiX /I' 6 hours . °/ the Prandium and Coena is clearly impossible, since 
ese must have varied not only with the fashions and social habits of different 

ages, but with the stations and employments of different individuals in the same 
age.. All we can decide with certainty is, that during the first century of the 
empire, the ordinary time for the Coena , in the fashionable world, was the 
commencement of the ninth hour, which at midsummer would be about half-past 
two, and in midwinter about half-past one, according to our mode of computa- 
t, leisons who desired to devote a longer period than was customary to the 

wem 1 callc°d T ^ ant ' cipa f ed the usual hour > and hence such entertainments 
Epidari de ^™ pestwo Conmma i and those who partook of them were said 

. ^ e aie top l ^itellius, who was proverbial for his gluttony— Epulas trifa- 
nam semper,inter dum quadrifariam dispertiebat, in Ientacula,' et pkandia 
? * AS > commissationesque. (Suet. Vitell. 18.) The ientaculnm whidl 
food tlkcn mentl ® ned elsewhere, 3 was in the strictest sense a break-fast, being 

wndt “he Greek ’ y Up °" gett, , n ?"P in the and thus would corre- 

spona to the Gteek which was a morsel of bread dipped hi wiue. 

P . pSes 
"', 2'* guocl ,;„l Cornu appdlZZ,? “ 

."ndSS S in S?" 1 *™ ‘"' e ■'T'”"'" 5 their 

is said ogectle ientocU™ e e Jlso” X 18?“ x'l 

IX. 137. For the rerb ir vtare, see Non. s. v. p. S&^Suet.Viteir? MaftiaTvilfK!'' 


FOOD—WINES. 


437 


Commissatio properly signifies a drinking party after the Coena , and implies 
noisy revelry. 1 Besides these, we hear of the Merenda , 2 which is sometimes 
used as synonymous with Prandium , but appears to have been, strictly speaking 
a luncheon interposed between the Prandium and the Coena. 

Food.—The national dish of the ancient Romans was a sort of porridge or 
hasty-pudding made of Farina , that is, the flour of .Far, a coarse species of 
wheat, the Tiiticum Spelta of Botanists, which is said to have been cultivated 
m Italy before any other kind of grain, and was, therefore, invested with a sort 
of sacred character, and used exclusively in religions ceremonies. This porridge 
was called Puls, and, along with vegetables, ( olera ,) fruits, fresh and dried, 
and daily produce, constituted, in the primitive ages, the principal article of 
diet for all classes in the community; any thing savoury eaten along with Puls , 
m order to give it a relish, being termed Pulmentum or Pulmentarium . 3 Ani¬ 
mal food was little used except on holidays, when the smoked flitcn of bacon 
afforded a treat, or, after a. sacrifice, when those who had assisted at the rite 
partook of the flesh of the victim— Accedente nova si quam dabat hostia came 
(Juv. S. XI. 82.) The trade of a Baker was unknown at Rome until the time 
of the war against lerseus, (B.C. 172,) but the bread for each family was made 
by the female slaves. The word Pistores , which eventually signified lakers , 
originally denoted Millers , properly those qui far pinsebant , i.e. who separated 
from the far the husk which adheres to it with great tenacity, an operation which 
necessaiily pieccded the grinding of the corn into flour. For a long period, 
also, Cooks did not form part of an ordinary establishment, but were hired in 
upon great occasions, the statement of Pliny upon this point— Nec Cocos vero 
habebant in servitiis , eosque ex macello conducebant —being fully confirmed by 
Plautus, and since it would be part of the duty of such an artist to prepare the 
bread and cakes necessary for the entertainment, we can understand how it 

should be said that in ancient times the baker and the cook were the same_ 

Cocum et Pistorem apud antiquos eumdem fuisse accepimus . 4 In later times, 
in so far as the wealthy were concerned, earth, air, and water were ransacked 
to furnish forth their banquets, on which enormous sums were lavished 5 6 — 
Interea gustos elernenta per omnia quaerunt = Nunquam animo pretiis obstan- 
tibus, (Iuv. S. XI. 14,) and which were frequently characterised by the coarsest 
and most revolting gluttony— Vomunt ut edant , edunt nt vomant (Senec. ad 
Helv. 9.) It would be out of place were we to enumerate here all the beasts, 
birds, fishes, and other dainties under which their tables groaned, since we could 
do little more than give a mere catalogue of names, but we shall say a few words 
upon the subject of wines, and explain the arrangements of a formal Coena , 
that being the meal to which guests were usually invited. 

Wiucs.—We do not profess in the present work to treat of the industrial arts 
practised by the Romans, and therefore cannot enter into details with regard to 
agriculture and the topics allied to it; but the allusions in the classics ^to the 

1 Liv. I. 57. XL. 7. 9. 13. Cic. pro Coel. 15. Suet. Tit. 7. Domit. 21. Senec. ad Helv. 10. 
de Benef. VI. 32. 

2 P aut. Mostell. IV. ii. 50. Non. s. v. Merenda, p. 19, ed Gerl. Paul. Diac. s. v. Merendam, 
p. 123. Isidor. XX. ii. 12. iii. 3. Calpurn. Eel V. 00. 

3 Varro L L. V. § 105. 108. Plin. H N XVIII 8 Val. Max. II. v. 5. Pers. S. VI. 140. 
Iuv S. XI. 58. XIV. 170. Charis. p. 50. ed Putsch. Cato R. R. 58. Plaut. Mil. Glor. II. 
iii 78. Pseud. I. ii. 81. Hence Plautus makes a foreigner call an Italian workman, Pulti- 
p/iagus opifer barbnrus, ( Mostell. III. ii. 141,') and Persius, when depicting the death of a 
glutton— Uneta radunt taxis tunc Pulmentaria lab ns (S. III. 102.) 

4 Plin. H. N. XVIII. II. Plaut. Aul. II. iv. 1. Pseud. III. ii. 1. Paul. Diac. s. v. Cocum, 

p. 58. 

6 See Senec. Consol, ad. Helv. 9. C. Caesar ... IIS, centies coenavit uno die. 


438 


WINES. 


various processes connected with making and preserving wine are so numerous, 
that we must briefly illustrate them. 1 When the season of the vintage ( Vin- 
demia ) had arrived, the grapes were gathered in baskets ( Corbes—-Piscinae ) 
and conveyed to an apartment or shed called Calcatorium or Torcularium , 
where they were thrown into a large receptacle which formed part of the wine¬ 
press, ( Prelum — Torcular ,) and beneath this was a cistern ( Lacus Torcularius .) 
The juice which drained from the clusters in consequence of their bearing upon 
each other, called Protropum , (Plin. H.N. XIV. 9,) was collected and set apart, 
the grapes were then gently trodden by the naked feet, ( Calcare , and hence 
Calcatamque tenet bellis Socialibus uvam, Iuv. S. V. 31,) and the juice thus 
obtained, called Mustum lixivium , (Columell. XII. 41,) was also set apart; the 
grapes were now fully trodden, and the force of the press being moderately applied, 
they yielded nearly the whole of their juice, which was called Mustum pressum , 
or more frequently simply Mustum. Lastly, -water was thrown among the 
stalks and husks, and the full power of the press called into action, the liquid 
thus obtained being called Mustum tortivum (Columell. XII. 36.) These four 
products w r ere kept separate from each other. The first two were usually pre¬ 
served in their sweet state ; the third was fermented for wine ; ( Vinum ;) th 
fourth was also fermented, and the result was a thin acid beverage known ae 
Lora (Plin. XIV. 10.) 

The process of fermentation w^as allowed to commence in the Lacus , the 
liquor was then conveyed to the Celia Vinaria , a cool apartment, the floor of 
which was usually sunk below the surface of the ground, and here it was poured 
into large earthenware vats ( Dolia— Cupae—Seriae) carefully coated in their 
interior with pitch, (Doha picata,) and in these the fermentation w r as completed. 
I he inferior qualities intended for immediate consumption underwent no farther 
preparation, but the contents were drawn off as required, and hence the expres¬ 
sions Vinum Doliare s. Vinum de Cupa , i.e. Draught- Wine (Digest. XVIII. 
vi; 1* i n I ison. 27.) Ihe more choice and full bodied kinds were mixed 
with a number of substances, which were believed to heighten their flavour and 
to make them keep better. Such were, sweet grape juice (Mustum) boiled 
down to a sort of jelly, decoctions of various spices, drugs, and aromatic herbs, to 
which were frequently added pitch, rosin, turpentine, and sea water. The mixture 
was then racked oft ( Diffundere , hence Ipse capillato diffusum consule poiat, 
Iuv. S. V. 30. comp. Hor. Epp. I. v. 4. and Ovid. Fast. V. 517,) from the Dolium 
mto jars called Amphorae , Cadi , or Lagenae, on which were stamped or painted 
the names of the Consuls for the current year ( Titulus Iuv. S. V. 33,)—thus mark¬ 
ing the date of the vintage. The mouths of these vessels were then closed with 
plugs of w r ood or cork ( Cortex) carefully plastered over with pitch, clay, or 
gypsum, so as to exclude the air. They were then conveyed to a repository 
(Apotheca Horreum) in the upper part of the dwelling house, frequently con¬ 
structed so as to communicate directly with the chimneys, the heat and smoke 
being supposed to accelerate the ripening of the wine, and in this case the apart- 
ment was called Fumarium. A single stanza in one of the Odes of Horace 
( 1. vm. 19,) comprises references to many of the particulars now enumerated: 


♦ tec ^ c alities concerning the making and compounding of wines will be found scat¬ 

tered over the works of the Scriptures dr Re RusO’ca, Cato, Varro, and Columella " in the 
collection entitled Geopomca ; and in the Histoiia M,dumbs of I’liny. especially XIV ’fi "eon 

fn/LT;riSl mtereSling inf0rmati0n is COntailied in He., D Lso5* 8 HiLytfASit 


WINES. 


439 


Hie dies anno redeunte festus, 
Corticem adstrictum pice demovebit 
Amphorae fumum bibere institutae 
Consule Tullo. 


Comp. III. xxi. 1. 7. xxviii. 7. The annexed cut, taken from the sign of a 
wine shop in Pompeii, represents the ordinary shape of the Amphorae, the mode 
of transporting them from place to 
place, and the position in which 
they were stored in the cellars, 
either imbedded in the ground or 
leaning against the walls. 

Observe that Mustum is strictly 
the sweet juice of the grape before 
it had undergone any chemical 
change, although this word is 
sometimes used loosely for wine, 
as when Martial (I. 19,) speaks 
of —In Vaticanis condita musta 
cadis; after fermentation it became 
Vinum; if the fermentation was 
too long, it was changed into Acetum, 



pushed 


too far, or if the wine was kept 
the vinegar itself in process of 
time underwent decomposition and was transformed into an insipid use¬ 
less liquor to which the name Vappa was given. Hence the latter 
term is sometimes employed to denote wine of the most miserable quality, (Hor. 
S. II. iii. 144,) and sometimes, figuratively, a fool or a good-for-nothing repro¬ 
bate (Hor. S. I. 1. 103. Pers. S. V. 77.) 

Mustum was preserved from fermentation by boiling, and was distinguished 
by different names according to the degree of inspissation. When boiled down 
to two-thirds of its original bulk, it became Carenum , to one-half Defrutum , 
to one-third Sapa, and these jellies were used for a great number of domestic 
purposes. 

The ripe grapes, instead of being conveyed at once to the press, were in some 
cases exposed to the rays of the sun until partially dried, and from these, sweet 
wines, called Vinum Diachytum and Vinum Passum , were manufactured. 

In consequence of the numerous heterogeneous substances mixed with the 
newly made wine when transferred to the Amphora , it was always necessary to 
filter it (Defaecare — Liquare — Colare — Saccare) before it was used, and this 
was effected by passing it either through a woollen bag ( Saccus vinarins) or a 
metal strainer perforated with small holes, ( Colum vinarium ,) and in order to 
cool it by the same operation, it became common to fill the Saccus or Colum with 
snow. Hence we find two epigrams of Martial (XIV. 103. 104,) with the 
Lemmata, Colum Nivarium and Saccus Nivarius. On the other hand, wine 
mixed with hot water was a favourite beverage, (Martial. I. 12. VIII. 68,) and 
a very ingenious vessel, constructed upon the principle of a modern tea-urn, has 
been found at Pompeii, intended, it is believed, to keep the water or the mixture 
hot at table. The Thermopolia mentioned by Plautus 1 were unquestionably 
taverns where hot mulled wine was sold ; but it may be doubted whether the 
words of the dramatist apply to Roman usages. 


t Curcul. II. iii. 13 Rud. II. vi. 45. Trin. IV. iii. 6. 












440 


TEICLINIUM. 


Mulsumvtas a term applied to two different combinations ; 1. To a mixture 
of honey with the finest Mustum taken fresh from the Lacas (Columell. XIII. 

rvv w\T l0 vvS 1X K re ° f hone ^ and ™™—Mulsum ex vetere vino utilissimum 
^liin. Jl.JN. JLX.I1. 4.) 

The finest Italian wines were all the growth of Campania, and of these the 

W ^° m _the poplar swamps of Amyclae, anciently held the first place, 

ut befoie the time of Pliny it had been superseded by the Setinum. The 

<alei 7mrn and the Massicum, from the southern slopes of the hills which divide 

Campania from Latium held the next rank; the vineyards of Vesuvius were 

also \eiy celebrated, and the Calenum , the Surrentinum, and the Fundanum , 

fil e T// e / - lgl re P utatl0n ; 0f those not Campanian, the Albanum stood 

SabinumriZ Vat™ pretWS ? and among the poorest were the 

damnum, the I aticanum, and the Veientanum 

alS ° “ , . p ° rtel ! t0 a C0 » si derable extent, the most esteemed 
tlle I ha ' ul "h tile Chum, the Lesbium, the Cyprium , and the Clazome- 

iCHLUt • 

Triclinium.— In early times, the whole family eat together in the Atrium , 
i P l lb 10 , room 5 but " dien mansions were built upon a large scale, one or more 
spacious banqueting halls commonly formed part of the plan, such apartments 

ever g in a iif d f m general title of Triclinia. The word Triclinium, how- 

’ , 1 tllCt signification, denotes not the apartment, but a set of low divans 
i couc les grouped round a table ; these couches, according to the usual arrange- 

ment, being three in number, and arranged 
as represented in the annexed figure. A, B, C, 
are the three couches {Lecti—Lecti Tri - 
cliniares ,) the space, M, was occupied by 
the table, (i! lensa,^ and the side, Z, left open 
foi the attendants to put down and remove the 
dishes. Each couch was calculated to hold 
three persons, although four might be 


2 


O 

O 


M 


3 


C 


B 


squeezed in, and since it was expected that 
each couch would have at least one occu¬ 
pant, the saying arose, that the company at 
a Coena should not exceed the number of 
/~t -, r , the Muses, nor fall short of the number of 

the Graces. Men always reclined at table (and thus Accumbere s. Discumbere 

elevated h** ^ . estabbshcd pbrase ) restill g’ 011 the left elbow, their bodies slightly 
<i. by cushions, (pulvim,) and their limbs stretched out at full length 
hus the individual who lay at 1 on the couch A had his limbs extended behind 

to the^Lft ni md f VldUa W T 10 r ay at 2 ’ the bead of the latter being opposite 
L bodv of A 3 !h° rm I"* i ^ manner the limbs ° f A 2 ’ extended ^ind 
Iwo other couche’s ™ ° PP ° Slte t0 the breast of A 2 > and so «>r the 

r r Ph ® coach A :;' as tenmed Summits {Lectus)— B, Medius {Lectus)— C, Imus 

tho occupied hem 66 PlaCeS ’ n 2 ’ 3 ’ ° n ^ C ° Uch and th ® ^ividnaii 
T th TT We ? m llke manner termed respectively Summits 
Medius , Imus. Hence the person who occupied A 1 was said Discumbere 

Summo A / /T/-’ " Disc "™ bere S«mmus—k 2, D. Medius in 

•T J : D i J T S m Summ °—V 1» Summus in Medio —C 2, Medius 
I , p\‘"‘ 80 f°i * le rest ' The couch A was considered the most honour- 
aole, £ the second, C the lowest; and the numbers 1, 2,3, indicate the precedence 























TRICLINIUM— COENA. 


441 


of the different places on each couch. To the order thus described there 
j ° n . e exc ^ p 10n ’ th ® most honourable place at the whole table was B 3 the 
bnus in Medio, and as this was always assigned to the Consul when lie 
s am . on « the guests, it was named Locus Consularis. The master of the 

occunied he 1 mig ' ht be as near as P° ssible t0 th e great man, usually 

occupied C 1 that is, he was Summus in Imo. When the relative position of 

tuo mdiuduals upon the same couch was described, the one who occupied the 

the o h°er 0 6 7“ Said D Jf cum ^re superior , or D. supra alterum , 

the other Discumbere inferior , or D. infra alterum. If we apply what has 

byHo^ce fTn 0 description of the Coena Nasidieni , given 

- l ace ’ V s - J 1 - vm.) we shall see that the different personages mentioned were 

vS :_ V« H ? Ce i> A 2 - Visc " s Thimnus; A 3, Varius; 
B 1 and 2, Vibidius and Servihus Balatro, the two Umbrae , i.e. uninvited 

iorv S rw; M?eC p a f XT d brought alon ff with him ; B 3, Maecenas, in the 
Locus Consularis ; C 1, Jsomentanus, who acted as a sort of master of cere- 

i omes, and therefore took the place of Nasidienus, who was C 2; C 3, Porcius 

A still more interesting example is afforded by the account given in a fragment 

tll S oi’- P ?i Ser K ed bj ber . vms ’ ( Ad Tn 'S- I. 702,) of the arrangement of 
t it guests m the banquet, given by Perpema, at which Sertorius was murdered 

ydur discubere: Sertorius inferior in medio; super eum L. Fcibius His- 
pamensis senator ex proscriptis; in snmmo Antonius et infra scriba Sertorii 
asms; et alter scriba Maecenas in imo medius inter Tarquinium ct domi- 

Tr'ro erpe V l ? rn - In . tlus ™ se there were two persons only on the Summus 
Lectus and two on the Medius Lectus , of whom Sertorius, the great man, 
was inferior. Curiously enough, Servius adduces this passage to prove that 
in ancient tunes the middle place upon the couch belonged to the master of the 
house, while it distinctly shows that Perperna was Summus in Imo A 

t is to be observed that, down to the imperial times at least, women sat at 
table, and the grammarians assure us that such was the practice among men 
f bs ° at f a remote period. 2 We have already had occasion to point out that at 
the LpuLum Iovis , Iuno and Minerva were placed upright, while love was 
extended on a couch, and that a solemn feast in honour of goddesses was termed 
betiisternium. (p. 345.) 

Arrangement of the Coena.—A complete banquet (Coena recta) was 
composed of three parts. ' 

1. Gustos s. Gustatio s. Promulsis , consisting of objects intended to provoke 

rather than to satisfy the appetite, such as lettuces, shell-fish, and especially 
eggs, (ilm. Ep. I. lo,) to which was frequently added a cup of wine sweetened 
with honey, ( mulsum,) and flavoured with aromatic herbs, this lastbeiim- strictly 
the Promulsis. ° J 

2. The Coena proper, consisting of several courses. Each course was brought 
up upon a tray called Ferculum , and hence the number of Fercula decided the 
number of courses, which varied according to circumstances; thus we are told 
of Augustus Coenamterms Fer cults, aut , cum abundantissime , senis praebebat, 
(Suet. Octav. /4,) and Juvenal exclaims (S. I. 95) . . . Quis Fercula Septem 
= Secreto coenavit avus?—The word Missus is used in the same sense as when 
it is recorded of Pertinax —quotquot essent amici , novem libras carnis per 

n.LT® have / 0 L , A WGd Becker in describing the position of the different couches and the 
of thf’ e J Tie r t of Ruests u P°n the Tnchnmm, although his views differ from those of most 
or the earlier writers on convivial antiouities Thp nn^itinn nf j _ ^ » • 

determined by a passage in Plutarch, Sympos I 3. P 6 L ° CU * Comulans 13 

2 Val. Max. II. i. 2. Serv. ad Virg. iEn. I. 218. 712. 


442 


COENA—DRINKING CUSTOMS. 


tres Missus ponebat (Capitolin. Pertin. 12)—and of Elagabalus —Celebravit 
item tale convivium ut apud amicos singulos singuli Missus appararentur 
(Lamprid. Elagab. 30.) Repositoria , mentioned occasionally in Pliny, appear 
to have been stands upon which dishes or drinking vessels w r ere placed, but to 
have been different from the Fercula (Plin. H.N. XVIII. 35. XXIII. 11. 
XXVIII. 2.) 

3. Mensae Secundae , consisting of cakes, sweetmeats, ( Bellaria ,) and fruit 
of all kinds. 

1 he fact that the repast commenced with eggs and ended with fruit gave rise 
to the proverb —Ab Ovo usque ad Mala, (Hor. S. I. iii. G. comp. Cic. ad 
Fam. IX. 20.) i .e.from beginning to end. 

The various dishes were set in order on the Fercidum , and the whole arrange¬ 
ments of the banquet conducted by a superintendant named Structor , while the 
carving was performed with graceful gestures by a person called Carptor or 
Scissor , who had been regularly educated by a professor of the art. We infer 
from a passage in Juvenal, (S. V. 120,) w r ho is our great authority upon this 
subject, that the offices of Structor and Carptor were commonly united in the 
same individual. 

Spoons ( Cochlearia — Ligulae) are occasionally mentioned, but knives and 
forks for the use of the guests were altogether unknown. Each one must, 
therefore, have helped himself, and torn his food into morsels with his fingers, 
(Ovid. A. A. III. 736,) as is the practice in the East at this day. Hence, 
before the meal commenced, and probably at its termination also, slaves went 
round with vessels of water for washing the hands, and towels ( Mantelia ) for 
drying them, (Virg. G. IV. 376. JEu. 701 ,) but the guests brought with them 
their own napkins ( Mappae .) Horace, (S. II. viii. 11,) when describing the 
banquet of Nasidienus, notices, that when one of the courses was removed, a 
slave —Gausape purpureo mensam pertersit —which seems to prove that table¬ 
cloths were not known at that period, and, when Lampridius wrote, it was 
believed that they were first introduced under Hadrian (Lamprid. Elagab. 27. 
Alex. Sev. 37.) 

prinking’ Customs.—drinking Vessels, &c.—The Romans seldom drank 
their wine pure, ( Merum ,) but usually mixed it with water, hot or cold, which, 
when called for, was handed to them (Frigida non desit , non deerit calda 
petenti, Martial. XIV. 105) in jugs called Urceoli Ministratorii (Martial. Ibid.) 
by the slaves in attendance, those who were employed in such services by the 
wealthy being often beautiful boys brought from the East (Flos Asiae , Iuv. S. V. 
56,) and purchased for immense sums. The relative proportions of the wine and 
the water were regulated by the addition of a certain number of Cyathi 1 of wine 
to a fixed quantity of water in the Poculum or drinking cup, the precise num¬ 
ber of Cyathi being determined by various considerations. Thus Horace, in one 

h “ bacchanalian Odes, (C. III. xix. 11,) proposes to take the number either 
ot the Graces or of the Muses as the standard —tribus aut novem=Miscentor 
Lyathis pocula commodis— indicating, at the same time, that the former com¬ 
bination was the more prudent; and in another passage when calling upon Mae¬ 
cenas to drink deep in honour of his friend s escape, he hyperbolically exclaims 

S u.me, Maecenas , Cyathos amici=Sospitis centum. When it was proposed 
to drink the health of any one, it was not uncommon to take a Cyathus of wine 
tor every letter in the name, as in the epigram upon Caius Iulius Proculus, 
quoted from Martial in page 411, and again we find (I. 72)—Naevia sex Cya- 

1 The Cyathw, as we have seen above, p. 411, was one-twelfth of the Sextariut. 


DRINKING CUSTOMS—GAMES OF CHANCE. 


443 


thi*, septern lustina bibatur=Quinque Lycos , Lyde quatuor , Ida tribus 1 When 
any one was toasted in this manner, Bene was prefixed to his name, as we learn 
from Tibullus (II. i. 3)— Sed , Bene Messalam, sna quisque adpocula dicat 
—and from the lively scene in the Persa of Plautus (V. i. 18). 

A summo septenis Cyathis committe hosludos: move manus: propera, 

Paegnium! tarde Cyatlios mihi das: cedo sane: Bene mihi, Bene vobis Bene 
AMICAE MEAE. 

When a person drank wine with another, he first tasted of the cup himself, and 
then handed it to his friend with the words Propino tibi , (Cic. Tusc. I. 40, Iuv. S. 
Y. 127,) receiving his in return. It must be understood that Cyathus always 
indicates a measure for adjusting the proportions of the wine and the water, and 
never a drinking cup. The general word for the latter is Poculum , but Pocula 
were distinguished by a vast variety of names, according to the forms which they 
assumed, such as Calices—Canthari—Carcliesia—Ciboria—CuluUi—Pate¬ 
rae—Phialae—Scyphi—Trientalia—Trullae, and many others. The mate¬ 
rials of which they were composed were also greatly diversified. Pocula of 
wood, ( fagina , &c.,) of pottery, (Jictilia,) and of glass, ( vitrea ,) were in every¬ 
day use. More precious were those of lock crystal, ( crystallina ,) of amber, 
(capaces Heliadum crustas , Iuv. S. Y. 37,) and of the precious metals, ( argen - 
tea—aurea ,) the latter being frequently decorated with chasings, ( Toreumata ,) 
or with figures in high relief, ( Crustae — Emblemata ,) or with precious stones, 
(Calices gemmati—Aurum gemmatum.y What the Vasa Murrhina , the 
most highly valued of all, may have been, no one has yet been able to decide, 
but they were certainly brought from the East, and, judging from the expres¬ 
sions of Propertius (IY. v. 2 6)—Murrheaque in Parthis pocula coctafocis — 
may very probably have been porcelain. 

_ Under ordinary circumstances, each guest would mix the wine and water in 
his own cup (temperare poculum ) so as to suit his individual taste, but when 
the Coena was succeeded by a regular Commissatio , then the wine and water 
were mixed for the whole company in a large bowl called Crater , from which 
the Pocula were filled. In this case the strength of the beverage, the toasts to 
be drunk, and all other matters connected with the festivities, were regulated by 
one of the party, who was formally elected to the office of Arbiter Bibendi , (the 
IvfAnoolottos of the Greeks,) i.e. Master of the Revels. The choice w'as usually 
determined by throwing the dice— Quern Venus arbitrum—Dicet bibendi (Hor. 
C. II. vii. 25,) and again— Nec regna vini sortiere tails (I. v. 18)—which 
leads us to speak of the 

Game* of Chance and other amusements which were frequently introduced 
after the Coena. The dice used by the Romans were of two kinds:—• 

1. Tesserae , (rtvfiot,) which were regular cubes corresponding in every 
respect with modern dice. 

2. Tali, (ciffT^xycc^oi,) which were of an oblong shape, and rounded at the 
two ends, so that they could not rest upon either of these. They were, therefore, 
marked upon four sides only, and bore the numbers I. III. IY. YI.—I. and VI. 
being on opposite sides. 

Tesserae and Tali alike were thrown from a cylindrical box, called Fritillus 
s. Phirrus s. Pyrgus s. Turricula , upon a board called Abacus s. Alveus , or 
simply Tabula (sc. lusoria .) The best throw was termed Venus s. Casus 

1 Comp. Ovid. Fast. III. 532. Plaut. Stich. V. iv 94. 30. 

3 See Cic. in Verr. IV. 18. seqq. Iuv. S. I. 76. Martial. XIV. 109. 111. 115. 


444 


GAMES OF CHANCE, &C. 


I enereus s. Iactus Venereus, the worst Canis. The mode of playing 1 , however, 
was different according as Tesserae or Tali were used. 

In playing with Tesserae , it appears that, generally, although perhaps not 
invaiiably, the person who threw the highest numbei' won, which was termed 
by the Greeks, nteiorolio'hlvloc. Kotl^tu/. Hence, it was the Iactus Venereus 
when all the dice came up sixes, ( Seniones ,) and the Cards when they all came 
up aces, ( Uniones ,) and thus Oanis is used in a general sense for an ace 
whether in Tesserae or Tali (Suet. Oct. 71.) Any number of Tesserae might 
be employed, but three was the usual number, as we see from the Greek proverb, 
vrgisei v) r^cig *vQot, which Becker has rightly explained to mean, three 
sixes or three aces , i.e. all or noticing. 

On the other hand, they always played with four Tali , neither more nor 
less, for here it was reckoned the Iactus Venereus when they all came up 
different, (Martial. XIV. 14,) and the Canis when they all came up the same. 
In a game of Tali, described by Suetonius, (Octav. 71,) whoever threw a six 
or an ace put a Denarius into the pool for each six and each ace so thrown, 
and this went on until some one threw the Venus, which swept the board. 

Alea may signify a die , as in the exclamation of Julius Caesar, when passing 
the Rubicon— Iacta Alea esto , (Suet. Iul. 32,) but is more commonly used to 
mean gambling in general, and especially those games of chance in which money 
was staked and dice were used. Such amusements were forbidden by law as 
early at least as the time of Cicero, except during the festive license of the 
Saturnalia , and professed gamblers (Aleatores) were always looked upon as 
disreputable, but the enactments for the suppression of this vice do not appear 
to have been at any time rigidly enforced, and, under many emperors,, were 
altogether neglected. 1 

Other games of a less objectionable character are occasionally mentioned, 
feuch are the Ludus Latruncxdorum and the Ludus duodecim Scriptorum. 
iiie former, which by some scholars has been compared to chess, and by others to 
draughts, is described at considerable length in the Panegyric on Calpurnius 
i iso, attributed to Saleius Bassus, and is alluded to more than once by Ovid. 
Ine men were called Calcidi, Mdites , Latrones , Latrunculi , were made of glass 
and were of different colours. 2 The, latter has been supposed to resemble back¬ 
gammon, because the movements of the pieces were to a certain extent regulated 
by throwing dice. b 

We may also mention the games of Odd and Even, (Ludere par In war ) 
which was by no means confined to children, as we might suppose from the 
voids of Horace, ^S. II. m. 48,) being sometimes introduced along with Tali 
at the banquet, (Suet. Oct. 71;) of Pitch and Toss, in which the cry was 
cVr ta aUt ,, avu C 111 allusion to the devices on the As, (Macrob. S. I. 7 •) and 
oUhcare, (Digitis,) which is identical with the modern Morra, so popular 

oTv’ K? T!' SS r V 1 T S T °* rn ItaI ^ ( Cic * de N - 41. de Off. 19. Suet. 
Uctav. 13. Galpurn. Eel. II. 25.) 

Chaplets.—Towards the close of the Coena, before the drinking (Compo- 
tatio) fairly commenced, chaplets or garlands (Serta— Coronae— Corolla e) 
were distributed among the guests. At what period the custom of wearing 
these was first introduced it is impossible to determine, but an anecdote told by 

B.t.S C a h i , r s 1I I.S, xiv.’ 4 °’ IIL XX1V ' 68 ‘ DigeSt ' XI - Vl L se< W- Martial. IV. 14. V. 

I p^ d o A ‘M A ' 11 207 o n !- Trist. 11 477 - Senec. de Tranq. 14. Martial XIV 1-7 9 n 
XI. S. P ’ N ° n ‘ S ’ V ‘ Scrlpta ’ p - lia ed - Gerl - Ovid. A. A. II. 203. III. 36 1 \uintil. 2 L 0, 


CHAPLETS—PERFUMES. 


445 


Pliny (XXI. 3.) proves that it prevailed as early as the second Punic War. 1 They 
were originally assumed not merely for ornament, or to gratify the senses, but from 
a belief that the odour of certain plants neutralized the intoxicating properties 
ot wine, and lienee we find that they were formed not of fragrant flowers alone 
such as roses or violets, but of parsley, ivy, myrtle, and various other plants! 
simple or combined . . . . est in horto = Phylli, nectendis Apium coronis = 
Est Hederae vis (Her C. IV. xi. 3.) . . . Quis udo — Deproperare Apia 
coronas = Curatve Myrto (II. vii. 23.) But after the habit was once 
established such considerations were altogether thrown aside, so that in winter 
artificial chaplets, called Coronae JEgyptiae s. hibernae , made of coloured horn 
(ramento e cornibus tiricto,) or ot dyed silks, (e veste serica versicolores ,) or 
ot coppei toil, plated, or gilded, (c lamina aerea tenui inaurata aut arqentata ) 
were substituted To the last mentioned, those of copper foil, the double 
diminutive Corollarium was, according to Pliny, properly applied, on account 
of the great tenuity of the metallic leaves. 

Sometimes the materials employed were plaited together, (Coronae plectiles ) 
sometimes pinned or pasted together, ( Coronae pactiles ,) sometimes sewed 
together, (Coronae sutiles,) sometimes tied together with coloured ribbons termed 
Lemnisci , or with strips of lime-tree bark ( Philyrae coronarum Lemniscis ce- 
lebres. Plin. H.N. xvi. 4.), and sometimes a simple tendril of ivy or a sprm 0 f 
myrtle sufficed, without any previous preparation— Displicent nexae Philyra 
coronae . . . . Simplici Myrto nihil adlabores (Hor. C. I. xxxviii. 2. 5.) 

The artificial chaplets of copper foil worn at banquets must be distinguished 
from Corollana, made of the precious metals, with Lemnisci to match^ which 
are said to have been first introduced by Crassus, and bestowed by him on the 
successful competitors at his games. Soon after this it seems to have become a 
common practice to bestow such tokens of approbation upon actors and other 
public performers who had distinguished themselves, and hence the word 
Corollarium is used in a general sense to denote something given beyond what 
is strictly due, a gratuity or donation— Corollarium si addition praeter quam 
quod debitum eius. vocabulum Jictum a. Corollis , quod cae, cum, placerent 
actores , in scena dari solitae. Varro L.L. V. § 178. Phaedr. V vii 34 For 
examples see Cic. in Verr. II. 50. IV. 22. Senec. de Ben. YI. 17. * Suet 
Octav. 45. 2 


Perfumes, Isot less essential than Coronae to the full enjoyment of a ban¬ 
quet, was a supply of perfumes. The taste prevailed from a very early period 
among the Greeks, was first developed among the Romans after their Asiatic 
conquests, so that about a century later, B.C. 89, the Censors, P. Licinius Crassus, 
and L. Iulius Caesar, found it necessary to issue an ordinance —Ne quis venderet 
unguenta exotica (Plin. H. N. XXI. 3. comp. Aid. Gell. YU. 12.) and towards 
the close of the lcpublic amounted to a passion. 1 he ancients being unacquainted 
with the art ot distillation, their only vehicle for odorous essences was oil, and 
hence perfumes of every description were comprehended under the general’term 


1 The ornamental Corona seems to have originated in a simple band called Strophium or 
Strophioluiu, worn round the head to confine the hair. Thus Plin H N XXT 2 Tenui 
(S L coronts) utebantur antiqui . sthopiiia apprllnntes: unde nata strophioi a’ 
vvt , St of the particulars given above with regard to Coronae are taken from Pliny II N 
XXL 2 seqq. A great mass of curious matter will be found in Athenaeus XV. 8-31 See 
ut s y m P os .- m - 1- Plant. Bacehid. I. i. 37. Pseud. V. ii. 8. Ovid. Fast I 403 TT° 

\VUh V resnect f lf T tlal . V> . C5 p X I!) Petron. Arb 60. Paul. Diac. s.’v. Corolla p.’ 63.' 

W ith respect to l emnnet see Paul. D.ac s.v. p. 115. Serv. ad Virg. JE n. V. 209. Capitolin. 

the cLJJ ie pir'"«TYvr g ff al yr ^ arded ; San ornamenta l addition not essential to 
tne Corona. Plin. H.N. XXL 3. comp. Cic. pro Rose. Anierin. 35. 


446 


PERFUMES. 


Unguenta Of these there was an immense variety obtained from all manner of 
sweet smelling herbs and flowers, and large quantities were consumed for 
anointing the body, an operation which many performed regularly three times 

^ S Tl E ^ XXXVI ^T before taking exercise, after taking exercise, and 
a tei the bath The coarser kinds were kept in large shells ( . . . . funde 

capacibus == Unguenta conchis .... Hor. C. II. vii. 22.) or bottles of 
swelling globular form called Ampullae;' the finer sorts, which were very costly, 

r Xt ? 2 tCd fl °, m ra - re plants im P orted from the most distant regions 
ie East were kept in small flasks, made of a species of gypsum called 

f aStnte - S - ? h - y ? iteS S * which ™'belieyed topossess the 

pi opdtyof preserving their fragrance from being dissipated —Lapidem AlabasU 

dicitur( Plin‘ hTyyy v a 'l% q ! l ° niam ° ptime Servare ™°rrupta 

nnrl i ’ i 12 ) Sllck a das k was termed Alabastron or Onyx, 

Ln h S f aped T a 0n S narrow neck > "'Inch flowed the contents to escape 
°P by clro P onI 7» so tha t when it was desired to obtain the whole at once it 

mssaffeirZ V b T ak i ° ff the ! ieCk ’ f circumstance which fu Hy explains the 

"si E"xxv? 7 av s rMtk x^%“ Alabaster box of very —«“•” 

w J 'Unguenta were introduced at a banquet along with the Coronae , 

l. uxun es are constantly mentioned in connection with each other, 
anu with the wine, thus, Horace, C. III. xiv. 17. 


I, pete unguentum, puer, et coronas 
Et cadum Marsi memorem duelli, 


and again II. iii. 13, 

Hue vina, et unguenta et niinium brevis 
I lores amoenae ferre iube rosae. 3 

„J he perfam . es ’ wh . en handed roi md, were applied to anoint the hair and face— 
cum interea Apromus caput atque os suum unguenta perfricaret (Cic. in Yerr 
111. 2b.)— Saepe coronatis stdlant unguenta capillis (Ovid. Heroid. XXI 161 ) 
* V -™ ronat ™ nitentes = Syri 0 Malabathro capillos (Hor. C. II. vii 7) 

steepe 1 LTeT JlTr ^ ° f the leaves ° f tlie Nard ^ a "d 

(sc Coronal • q d odom '- LalU ^num quippe habetur e Nardi folds eas 
0 • totonas) dan .... unguentis madidas (Plin. H.N XXI .3 

comp. Lucan Phan. X. 164.) They were not content, however, wdth appL. 

potu SSSin nt ^x y Tm X 1 ? Gm With i h i Wine -^ herde iam 

pom aaaunt (llin. H.N. XXIII. 3,) or poured the wine into the shells or bottles 

contaumig, perfumed od, and drank off the compound. To this strange practice 

a us !? ns both m Juvenal and Martial, the former when describing a 
debauch, mentions among other characteristics (S. VI. 303,) ° 

Cum perfusa mero spumant unguenta Falerno, 

Cum bibitur Concha. 

; Cic. de Finn. IV. 12. Hor. A. P. 97. Apulei. Florid II 0 5 2 

5m 3 P i r ^H5t e heHv/Tr Fulmm ' he,d the first place > the oil 

accubal horreis. ^ vus ehciet cadum = Qui nunc Sulpiciis 


PERFUMES—MUSIC, &C. 


447 


and the latter has the following epigram on an Ampulla which bore the name 
of the celebrated perfumer Cosmos:— 

Hac licet in gemma quae servat nomina Cosmi, 

Luxuriose, bibas, si Foliata sitis.—XIV. 110. 

Sometimes the wine was flavoured with the perfume before it was transferred to 
the Amphora, and of such Plautus speaks (Mil. Gl. ILL ii. 11)— Deprompsit 
Nardini amphoram cellarius —where Nardinum is wine that had been mixed 
with Nard. 1 

The great seat of the manufacture in Italy was Capua, where a whole street 
or quarter called Seplasia was occupied by the Unguentarii. 2 

Music. Ac.—The presence of musicians at a formal banquet seems to have 
been considered indispensable from a very early period, for in the Aulularia of 
Plautus, Megadorus, when making preparations for the marriage feasts to be 
held in his own house and in that of his intended father-in-law, hires and sends 
home from the market not only two cooks, but also two female minstrels ( Tibi- 
cinae .) Singing women (Psaltriae—Sambucistriae ) who accompanied their 
voices with the Lyre, were introduced at a somewhat later epoch, and towards 
the close of the republic regular concerts ( Symphoniae ) were performed by bands 
of youthful choristers (Pueri symphoniaci ) trained for the purpose. 3 That such 
an addition to the pleasures of the table, although not essential, was by no 
means uncommon, is evident from the words of Horace (A. P. 274 comp. Cic. 
in Verr. III. 44.) 

Ut gratas inter mensas Symphonia discors 
Et crassum unguentum, et Sardo cum melle papaver, 

Offendunt, poterat duel quia coena sine istis. 

Under the empire, dancing girls ( Saltatrices ) from Spain and Syria, were 
frequently introduced, whose performances seem to have resembled those of the 
Almeh , still common in the East, while in addition to these, dwarfs, tumblers, 
with mountebanks of every description, (A r «m — Moriones , &c.) and even 
gladiators, displayed their feats. 4 Sometimes, however, in graver society, 
more intellectual amusements were provided. The productions of celebrated 
poets were recited or sung, just as in ancient times, ballads, recounting the 
glories of high-born warriors had been chanted by boys to the note of the flute, 
or repeated without music, ( assa voce,) and sometimes the talents of an Impro- 
visatore were exercised to the admiration of his hearers. 5 

All entertainments, such as those noticed above, whether addressed to the eye 
or to the ear, were comprehended under the Greek term Acroamata , (e.g. Suet. 
Vesp. 19,) but this word is more frequently employed to signify, not the per¬ 
formances themselves, but the persons who performed. Thus Suetonius (Octav. 
74) says of Augustus —Et aut acroamata et histriones nut etiam triviales ex 
Circo Indios interponebat ac frcquentius uretalogos —andNepos of Attieus (14) 
Nemo in conoivio eius aliud acroama audivit qnam anagnosten. Taking this 
in connection with what has been said above on the word Corollarium , we are 
enabled to understand the expressions used by Cicero (In Verr. IV. 221,) when 
recounting the thefts of Verres in abstracting figures from drinking cups— Hie, 

1 As in the ease of Corortnr, our most copious sources of information regarding Unguenta 
are Pliny (XIII. 1. seqq ) and Athenaeus (XV. 31—47 ' 

2 Cic de ley. agr. II. 34 pro Sest 8. Plin H. N XVI. 10 XXXIV. 11. Val. Max. IX. 1. 

3 Plaut. Aul I iv. I. Liv XXXIX 6 Cic Div. in Q. C. 17 pro Milon. 21. 

4 Iuv. S XI. 162. seqq. Martial. V. 78 Macrob. S II. I. Aul. (Jell. XIX. 

5 Cic Tuscui. IV 2 . IJrut. 19. Val Max. 11. i. 10. Mon. s.v. assa, p. 54, ed. Gerl. Hor. C. 

IV. xv. 29. Iuv. S. XI. 77. Cic. pro Arch. 8. 


448 


MUSICAL INSTRUMENTS. 


quasi festivum Acroama , (i.e. a hired performer at a banquet,) ne sine Corollario, 
(i.e. a gratuity,) cle convivio discederet , ibidem , convivis inspectantibus, emble- 
mata avellenda curavit} 

Musical Instruments. We may take this opportunity of namino- the 
musical instruments m general use among the Romans, whether introduced at 
banquets or otherwise. These may be divided into two classes. 

1. Wind Instruments. 2. Stringed Instruments. 

1. Wind Instruments. By far the most important of these was the Tibia , 
■v nch, m ancient times at least, was a necessary accompaniment to every solemn 
sacrifice, to every dramatic exhibition, and to all processions, whether of a grave 
or jovial character. & 

Temporibus veterum Tiblcinis usus avorum 
Magnus, et in magno semper honore fuit. 

Cantabat. fanis, cantabat Tibia ludis, 

Cantabat moestis Tibia funeribus.— Ovid. Fast. VI. 657. 

The English term Flute is generally given as an equivalent for Tibia , but 

fa -n^mblo°,l be m ° 1 ' 1 e a PP r0 P riate > for, while the Tibia in so 

fin nnpntT ? ie 1? * a was a c T lm ^cal tube, perforated with holes, and 

frequently made of box-wood, ’ 

Prima terebrato per rara foramina buxo 
Ut daret effeci Tibia longa sonos —Ovid. Fast. VI. 697. 

it was not held horizontally, nor were the notes produced by blowing' into one 
J'° eS ’ f lU 11 "i lS vertically, and the notes were produced through 
Til,in * n ' ( r ; lltl| -I 1 ' cce Moreover, although a single 

J .Z 'itmW ! tlle Romans, judging from the representations 

, !! monuments, generally employed a combination of two .... Uforem 

£Jtc ?'}■ \ X ,\W;\- Sae ‘ ,e duas «n» 

( . ibicma , Martial. XIV. G4.) The two Tibiae w ere not, however, 

joined together and united to a common mouth¬ 
piece, as in our double flageolet, but each was 
kept distinct, and two separate mouth-pieces 
were applied to the lips of the player, which 
were bound round with a strap, called (po^eiu 
by the Greeks, which enabled him to confine and 
regulate his breath. This is seen distinctly in the 
annexed figure taken from a painting at Pompeii. 
Tibiae were formed of different materials ac- 
coi cling to the purposes to which they were to 
be applied— Nunc Sacrijicae Tuscorum {tibiae) 
e Buxo , ludicrae vero Loto , Ossibusque asininis 
et Argento font (Plin. II.N. XVI. 86,) and 
those intended for the theatre were sometimes 
of such large dimensions, that it became neces¬ 
sary. to hoop them with brass rings, and then 
the instrument must have been analogous to the 
modern Hautboy—in ancient times, says Horace, 

Tibia non .ut nunc, aurichalco vincta, tubaeque 
Aemula, sed tenuis, simplexque foramine pauco.—A, P. 202 

™ n - '• 86 - ' 



Virg. J£n. XI. 











MUSICAL INSTRUMENTS. 


449 


. ^ l' cu two Tibiae were united in this manner, that which was held in the 
right hand was called Tibia Dextrci, or, because it played the Air on the Treble 
notes, Tibia Incentiva , while that held in the left hand was called Tibia Sinistra 
s. Laeva, or, because it played the Bass accompaniment, Tibia Snccentiva 
(Varr. R. R. I. 2.) Sometimes instead of uniting a Treble and a Bass, two 
Trebles or two Basses were connected, and hence we read of Tibiae Dextrae and 
Tibiae Sinistrae. Again, Tibiae , as we have seen above, were divided into 
Sacrijicae and Ludicrae , and they were also classified according to the char¬ 
acter of the Music for which they were constructed, and since the three principal 
Modi (tovoi) were the Lydian, the Dorian, and the Phrygian, there were Tibiae 
Lydiae , Tibiae Phrygiae , &c. adapted to the Lydias Modus , the PJirygius 
Modus , and the Dorius Modus. V hen two Tibiae adapted to the same Modus 
were united, they were termed Tibiae Pares ; when adapted to different Modi , 
they were called Tibiae Impares. Hence we find in the Didascalia attached to 
the plays of Terence, such expression as —Tibiae pares Dextrae et Sinistrae 

Tibiae duae Dextrae , &c.—at least this is the most plausible explanation of 
these phrases, although the matter is involved in much obscurity, in consequence 
of our ignorance of the technical details of ancient music. 

The Fistula was the of the Greeks, the Pandean pipe, which 

properly consisted of seven hollow reeds ( calami ) of different lengths and 
diameters —Est milvi disparibus septem compacta cicutis — Fistula. (Viro-. 
Eel. II. 36.) 

Bag-pipes also were not unknown, for we are told by Suetonius that Nero made 
a vow that he would appear in public as a Hydraula and as a Choraula and 
as an Utriculaeius. Ner. 54. 

The other wind instruments in common use were of a martial character. The 
Tuba was a straight metal trumpet, the Cornu, made of the same material, was 
curved round like a French Horn —Non Tuba directi non aeris Cornua 
flexi , (Ovid. Met. I. 98,) while the Lituus , as the name implies, resembled 
in form the staff of the Augur, and was, therefore, a straight or slightly bent 
tube with a short spiral curl at the extremity. See representations, pp. 200. 
329. 344. 

2. Stringed Instruments. Chief among these was the Lyre, ( Fides—Lyra 
—>.^«,) called also, poetically, Testudo or Chelys , (xDvs —,) because, 
according to the legend recounted at full length in the Homeric hymn, the frame 
of the first Lyre was formed by Hermes out of the shell of a tortoise. The 
number of strings ( Nervi — Chordae — Tides — Fila ) was different at different 
periods, and we meet with many variations in this respect, as well as in the 
general shape of the instrument, in the numerous representations which appear 
on ancient monuments, of which we have given a few examples in p. 231, and one 
in p. 450. When it assumed its most perfect form, however, they did not exceed 
seven, and they were struck either with the fingers, especially the thumb, or 
with a pointed instrument resembling a pencil in shape, (see cut in p. 450,) 
called by the Romans Pec.ten , or, when they adopted the Greek term, Plectrum , 
(wAjj^Tfo:/.) Thus Orpheus in Virgil (JEn. VI. 646,) 

Obloquitur numeris septem discrimina vocum, 

Iamque eadem digitis, iam pectine pulsat eburno. 

Many other stringed instruments are occasionally mentioned, such as the 
Ciihara and the Barbitos, differing, probably, from the Lyre, but we cannot 

2 G 


450 


MUSICAL INSTRUMENTS—DRESS. 


speak with any certainty respecting their characteristics. The Sambuca was 
triangular, and the strings, therefore, of unequal lengths, as in the harp. 

wpr P a m 1 inuI 1U a S ’u- 7 fl m ^ a T’ ) C ? mbaIs > ( G y™bala,) and Castanets, ( Crotala ,) 

Goddess P °Nor ° ^ ° rg,aStlC rit f 3 ofI)io W Cybele, and the Syrian 

Goddess. Nor ought we to pass over the Sistrum, so often alluded to by the 

i^thpY' 1 ^ ° f f the fil ' St Centu 7 111 connection with the worship of Isis, who, 
m the annexed cut, is represented bearing it in her hand. 




< 0=0 


LYRE AND PECTEN. 


ill. Dress. 

of i d T 0f “ en am0n g tl,e Romans ™s, during the whole 

raw: zs t*saws 

hateworn^ by tho,e who\ J C ?““ a and the Petasus were broad brimmed 
words^°and hence 8 wc^mav^nfpr 6 ^ by “ r * Both Greek 
foreign importations. ' ^ the ° bjects wlllch th ey represented were 

Romans'"Trim IT in f. a & s re ^d as the characteristic garb of the 
Homans, who were hence designated as emphatically the Gens TogataZ 

and his Analecta^BeZe 'vesthiria- °A l r>! rt e ,^ Care ’ ° c tavius Ff.rrarids, Be Re Vestiaria 
CJavn: J. B. Domes, Be utmgZlZZZZ IDS ’ Le 7 *f Vesti " rin praecipue delato 

Tunica Romanorum; all of which are contained ^000 ( oga Romanorum, and Be 
Graevius. are cont amed in the sixth volume of the Thesaurus of 































DRESS OF MEN. 


451 


Romanos rerum dominos gentemqtje togatam. Although too cumbrous to 
be worn by those engaged in manual labour, and probably often thrown aside 
in the domestic circle, it was always assumed by persons in the upper classes 
when they appeared in public, and, at a late epoch, under the empire, when it 
had been in a great measure superseded in ordinary life by other forms of apparel, 
it was still regarded as the dress in which a Roman was expected to appear in 
the presence of the Prince. 1 The Toga was not only the characteristic dress of 
a Roman citizen, while the Greek Pallium distinguished foreigners, but the 
right of wearing it was the exclusive privilege of citizens, its use being forbidden 
to Peregrini and slaves (p. 85.) 2 It was, moreover, the garb of peace in con¬ 
tradistinction to the Sagum (p. 401) of the soldier, and hence the word Toga is 
employed to denote Peace, as in the well-known line of Cicero— Cedant arma 
togae, concedat laurea linguae. 

The shape of the Toga and the manner in which it was worn, have given 
rise to many controversies, and although much information is afforded by the 
statements of ancient writers, and especially by ancient statues and other works 
of art, these do not in all instances harmonize with each other. Indeed, it is 
reasonable to believe, that, while the general character of the garment remained 
the same, fashion would introduce changes and modifications both in the shape, 
the dimensions, and the mode of adjustment, and something would at all times 
depend upon individual fancy. We may rather feel surprised when we consider 
the long space of time over which the accounts and representations extend, that 
the variations from something like a fixed standard should not be more numerous 
and more complicated. There can be no reasonable doubt that, while the Greek 
Pallium was a square, or, at least, a rectangular piece of cloth, the outline of 
the Toga was partly curved. Dionysius expressly terms it (III. 61) 7repifi6^caoy 
vj l utKvx,'A(ov, while Quintilian, who gives minute directions regarding the most 
graceful mode of arranging it, declares (I. 0. XI. 3.) — Ipsam tog am rotund am 
esse et apte caesam velim. We must not, however, press these expressions so 
closely as to conclude that the Toga must have been exactly semicircular, a 
figure which cannot be reconciled with the appearance which it bears in works 
of art; but if we assume, with Becker, that, while the upper edge or chord of the 
curve was straight, extending, as we learn from Horace, (Epod. IV.. 8.) in the 
case of fops, to six Ulnae , it was deeper in its greatest breadth than if the lower 
edge had been exactly semicircular, we shall find many difficulties removed. 
But, even if we suppose the shape and the dimensions to have been fixed, it is 
manifest that great room must have been left for the exercise of individual taste 
in arranging the voluminous folds (Sinus) so as to produce the most graceful^ 
effect, and, it must be confessed, that the manner in which this huge mass of 
cloth was thrown round the figure and kept in its place, is very obscure. The 
two illustrations, A and B, given below, both taken from ancient statues, 
represent two different adjustments, one evidently much more simple than the 
other, but it will be found extremely difficult to reproduce either of them. It 
would appear that the ordinary mode was to throw the whole Toga over the 
left shoulder, leaving one extremity to cover the left arm, and to bring it round 
the back and under the right arm, which remained at liberty, the second end 
being carried again over the left shoulder. In this way, the broadest part of 
the cloth hung down in front, a large bunch or mass of plaits, termed Umbo, 
lay across the breast, and the second extremity, which was carried across, served 


l Suet. Octav. 40. 

%i Piin. Epp. IV. 11. 


Spartian. vit. Sever. 1. comp. Lamprid Commod. 16. 

Suet. Claud. 15. Comp Cic. pro Rabir. 9. in Verr. I\. 24. V. Id. Si. 


452 


DKESS OF MEN. 


ns a sort of belt (. Balteus ) to 
Quintilian I. 0. XI. iii. 137. On 


secure the whole. Compare A and B with 
certain occasions of extraordinary solemnity, 



or to devote Self to death ° f Ro ™ an P eo P^ 

»=!•#« Sua 

the iEneid, (YU. 612 land th* ill , .. becl S f vms m his Commentary on 
Vatican MS. of Virgil, is intended C, taken from the celebrated 

V. 46. VIII. 9. g ’ GCl t0 re P resent this adjustment. See also Liv. 

worn under the Toga and ' buelOoT^ && iacbcated above, was a sort of shirt 
Cingula — Cingulum.')' ‘it reacted a n°inl ? 7 a girdIe ( dnctus- 

sleeves were so short that they merelv pm p iTi tV \° b , e J° W the knees > an(J the 
hanging down to the ancles, '(TuniJae talari f? uld . era ’ f or although Tunics 
the wrists and terminating in fringes (Tm ‘ ’l/ 11 - Wltb sleeves extending to 

not unknown towards the" close of th^l ur Ma J ncatae et Fimbriatae) were 
indications of effeminate fopp^y/ regarded as 

to have been an ordinary piece of dress in Sul)Ucul T appears 

Subucula peX ae = TritLZZ Tu^ca e( E* ?,? 0ra ^ ^ 

intolerant of cold, that he envelmwl k * ^’) anc * Augustus was so 

Xubucula, and . T °^ fonr » 

guaterms, cum pingui Toga Tot cis e 16 Iegs and thighs— Hyeme 
Feminalibus et Tibiaubus (Suet. Oct. 82.)° BTODLA > Thouace taeo, e t 

but while theTormlrSpr^l^l^thlt “ d . mean a 

I s.y states that it was an under Tunic —vestimentmn 

1 Quintil. T.O. X iii nrr . , 

«*■ H N - XXVIlL a W - A “’- Gel1 - TO W. Cic. in Cat. H. 10. Sue,. lul. 5 . Ner . 



























DRESS OF MEN. 


453 


quod corpori intra plurimas vestes adliaeret —the words of the latter, although 
obscuie, imply that it was an upper Tunic—that while Capitium was the 
general term lor an under garment, ( ab eo quod capit pectus ,) the Subucula was 
the under Tunic, and the Supparus the upper Tunic, and, farther, that there 
were two varieties of the Supparus , one called Indusium and the other Palla. 

Varro, in the same passages, classes all garments under two heads, those 
which were of the close shirt-like form, and those which were thrown loosely 
round the person Prius dein Indutui, turn Amictui quae sunt tangam. 1 

It is stated by Aulus Gellius, (VII. 12,) that the Romans originally wore the 
Toga alone, but this must be understood to mean that they did not wear both 
the Toga and the Tunica at the same time, for the former could never have 
been the sole garment of men employed in any pursuit requiring active bodily 
exertion. Hence, in later times, we find those who affected primitive simplicity 
were wont to appear in public without a Tunic, and especially candidates for 
public offices, in order, perhaps, that they might the more readily display the 
scars of any wounds they had received in front. 2 What a graceful effect might 
be produced by the simple Toga , may be seen from the figure (1) below, which 
is taken from a statue of Jupiter in the gallery at Florence. 



Fasciae, &c.—Coverings for the legs did not form a regular part of ordinary 
dress, but the limbs were generally left bare, except in so far as they were 
eovered by the Tunica and Toga. Occasionally, however, strips of cloth 
called Fasciae 01 Fasciolae, were swathed round the legs like bandages a 
fashion still common among the peasants of southern Italy, and, according as 
'y re a PP Iie <l above or below the knees, were termed Feminalia, Cruralia 
Tibiaha, and sometimes Fasciae cruraks, and Fasciae pedules, besides which 

! V*" 0 LL. V. § 131. ap. Non. s.v. Capitia , p. 371. ed. Gerl. Non. s v. Indusium n 360 

ittwlr fr™ l7Z n5WlMenlMU ‘ mm °‘ r «*"«"* •• <*»•» derlrMfrem 

2 Plut. Cor. 14. Cat. Min. 6. Q. R. 49. Liv. III. 26. Dionys. X. 17. 
















454 


DRESS OF MEN. 


we hear of Ventraha, to protect the abdomen. Cravats, also, or somethin 
corresponding to them were not entirely unknown, for Horace enumerates 0 

255°Twh ' S eq r pn ) ents of a . cox . c ° mb ’ Fasciolas , Cubital , Focalia, (S. II. Hi.’ 
255,) where Focalia must signify a throat-muffler. l K 

fonffhf V & / C '~ The ?“ lceus : as indicated above, was a shoe covering the whole 
foot, th e So ea, a sandal consisting of a sole only, without upper leathers fastened 
round the instep and ancle by straps (ligulae.) Both ofthese Ze sS 
K man, and are opposed to the Crepida of the Greeks, 2 just as the Toaa U 
opposed to the Pallium. The various shapes which Calcei and Soleae assumed, 



tt tn ettW * *"*** 

from the most elaborate description in woods ' 10161 moimments > tha » 

acSd^rr n ^^ al C “ ! T r -a « are 

the dark as to their characteristic sh'inP^Ti 0 0 ^ 8 ’ 316 almos t entirely in 

the Lacerna the Laena and thp pZ * i 1Q se most frequently mentioned are 
the Abolla, and the Endrorn^ tZ t^ wlncl ; mayr add the Synthesis, 
thrown over the Toaa for v™ +v i Lacerna aud the Laena were properly 
often adored a^ the G ™ pire Seem to ha ™ been 

and dyed of the most showy C oW “ thTS ” ade ° f t finest materiaIs > 
resembled what is now called a poncho thxtZ'l 1S , gen erally believed to have 
with a hole cut in the centre thrS^ 1 'u i \ t0 } aye bee » a thick blanket 
represented above and marked 79U f h f d 7 as lllserted ‘ Tbe statue 

this is a mere coni^n ” ThViLrt ?P ° 86d t °, b ° drGSSed in a Paenu ^ b «t 
instead of the more unwieldv ToaZ l Z ™ a lo ? Se eas - y robe worn at table 
the modern domic SeemS , t0 been the prototype of 

Saturnalia, but at no’ other season • of th^^M^we “ “ P ^ llC durIn - tb e 
except that feena. speaks of it as’,he dre^ofltTto^TI/ATnstZ’ 

.esses. These ha\e been for the most part already noticed in 

M *v"h Kpsilt Octav.'82. ed pp„ er H x n- -P"• •« Att. II 3. Val 

and^efX“,r-- ft XXIX. * 

Offering .SceTc" bLVu’s^Z vS^JE^rlf: xs!) W ° rn by the f '«“. »hen 








DRESS OF MEN. 


455 


connection with the different offices to which they belonged. The most common 
of these was the Toga Praetexta, a Toga with a purple border, worn by Dicta¬ 
tors, Consuls, Praetors, Curule Aediles, the higher orders of Priests, by all free¬ 
born youths until they assumed the Toga Virilis , and by girls until they were 
married, or had, at least, attained to mature years. The Trabea was an upper 
garment with broad purple stripes, which is said to have been the dress of the 
kings, and was subsequently assumed by the Equites in their solemn processions, 
and perhaps by the Augurs. The Toga Picta , an embroidered robe, was the 
garb in which the statue of Jupiter Capitolinus was arrayed, and was worn by 
generals when they triumphed, along with the Tunica Palmata. The 
Emperors, on state occasions, appeared in a Toga , all purple, and some have 
supposed that this belonged to the Censors under the republic. Of the Tunica 
Laticlavia , and the Tunica Angusticlavia we have already said enough when 
describing the Insignia of Senators, and of the Ordo Equester (pp. 75, 221.) 
The meaning of the phrase Mutare Vestem has been already explained, p. 75. 

Hair , Beard , &c.—In the earlier ages the Romans wore long flowing hair and 
beards. Hence when Juvenal wishes to indicate that the master of a feast was 
drinking wine of great age, he says— Ipse capillato diffusion Consule 
potat —while Tibullus and Ovid speak of their countrymen in the olden time as 
Intonsi avi. Varro and Pliny inform us that hair-dressers ( Tonsores) came from 
Sicily in B.C. 300, ( antea intonsi fuere,) and that the younger Scipio Africanus 
was the first person of note who shaved every day ( [radi quotidie instituit.) 
This operation w r as performed in two different modes. They either shaved off 
the beard smooth ( tendere strictim) with a razor, (novacula — Culter ,) or 
merely clipped it short through a comb ( tondere per pectinem ) with scissors 
(Axicia.) The custom of wearing beards was revived under the empire, by 
Hadrian, who is frequently represented on coins and other monuments Barbatus. 
The barberVshop ( Tonstrina ) seems, from a very early period, to have been a 
favourite lounging-place, as we gather from Plautus, who enumerates all the 
apparatus employed, knife or razor ( Culter) for the beard and nails, scissors, 
(Axicia ,) comb, (Pecten,) Tweezers ( Volsellae) for plucking out stray hairs, 
curling tongs, ( Calamistrum ,) mirror, (Speculum,') towel, ( Linteum ,) and 
dressing-gown ( Involucre iniicere vestem ne inquinet.) 1 

Ornaments. —The only personal ornaments worn by men were rings, (Annuli,) 
and these were originally made of iron and carried for use, in sealing letters and 
other documents, ( Obsignare, ) rather than for decoration. On the right of wear¬ 
ing a golden ring during the republic we have already spoken fully (p. 75.) 
Under the empire all restrictions seem to have been removed, and it was 
not uncommon to wear a ring on every finger, or several on the same finger, 
while some persons, like Crispinus in Iuvenal, varied them according to the 
season of the year, 

Ventilet aestivum digitis sudantibus aurum 

Nec sufferre queat rnaioris pondera gemmae, 

and kept those not in use, in cases called Dactyliothecae. 2 

Dress of Women.—Although we must conclude from two well-known pas¬ 
sages in Plautus, (Aul. III. v. 34—47. Epid. II. ii. 39—50.) that even at the 

1 Iuv. S. V. 30. Tibu)l. II. i. 34. Ovid. Fast. II. 30. Liv. Y. 41. Plin. II. N. VII. 59. 
Varro R. R. II. 11. Aul Gell. III. 4. Plaut. Capt. II. ii. 16. Epid. II. ii. 13. Asin. II. ii. 86. 
Curcul. IV. iv. 21. Martial. III. 74. VIII. 47. IX. 28. 

2 Pliny gives numerous details with regard to the history of Rings XXXVII. 1. Comp. 
Iuv. S. I. 28. XI. 43. Martial. XI. 37. 59. XIV. 123. Quintil. I. O. XI. 3. 


456 


dress op women. 


$&&iS 82 S£i£Sr*X* 

andtt' a~36T = t“T “F*^» “si SS 29 0 

the 'Stnla when ’a ladywent abroad— 'idlahsStoPd* * g “ re ’ th - r0 ' vn over 
Pallet (Hor. S. I. ii. 99 .) 2 Ad talos Stola demssa et circumdata 

forad‘at Pom^St *rT™ of ‘ he Em P ress Livia, 

Pella. Here it will heobserved ! the Stola ’ an<1 ‘he 

Stola is fastened over the shoulders ht ‘ , f Tu "!° has sleeves - whiIe ‘he 

universally, fa bL ; but this was »<*‘ ‘he ease 

the Stola with, sleeves ™>“«uents show the inner Tunic without, and 

4“ .—“'.r, fcrSr ?;■ “■ ?*■ - 

XtaaSr f e , ge ;r raI temis - “ f somc ' 

IS applied to the robe of trade actors and if «,„„■? , , lhe word Palla 
this was identical in form with the Pall of women""’ butWeknownot wh «her 

hair, e aT^y7e7eenl-21heml e e beSt °''’ ed Upon P laitb ’g «* *™ngi ng the 
statues; the aid of hair dressers /r/r% epieSen /^* 10M U -° n ancient coin8 and 
(Calamistra) was called in various nn^T ^nerarii) and curling tongs 

great object of ambition under the emnii| U reiL ai vpll d7eS R W - ere * Pplied ’ . and the 
(Galerus flavus) were substituted frJ ti s \ °' v iai1 ’ W1 S S °f this colour 
ent kinds for the held wereX comZn Co ™ n ^ of differ- 

s. Riculae ,) as well as cans and turn} ES ets > ( Retl ™la,) veils, (Pdcae 
ticae, &c.) P and tUrbans of vanoas shapes {Mitrae, Calan- 

Ornaments , frc .—These consisted of necklaces, (Monilia,) bracelets or arm- 

A 111 Holl VT 1A V 


'• “*• vm l6a c ‘“'- LX ‘V. * 

M l V?i„LX. V. 5,3,. Liv xxvir 4 ‘^“^-Apuw. 

1 KWsSfffiS a. 

* ° V,i A - A 111 “»■ *• VI 120 ■ &tW. V. 08 . XU. a. 




MATERIALS OF DRESS. 


457 


kts, (Armillae ,) earrings, ( Inaures ,) chains, ( Ccitellae ,) made of gold and 
uecorated with pearls ( Margaritae — Uniones') and precious stones of every 
description, which were kept in jewel boxes ( Arculae .) The toilet furniture 
( Mundus muliebris) consisted of mirrors made of polished metal, ( Specula ,) 
perfume bottles, . ( Vasa unguentaria ,) combs, ( Pectines ,) and a countless 
variety of cosmetics, (Medicamina faciei,) among which rouge ( Purpurissum ) 
and white paint ( Cerusso ) were not forgotten. 1 

Materials of Dress.—All the garments of both sexes, although differing widely 
in texture and quality, according to the seasons of the year and the circumstances of 
the wearer, were for many centuries made of wool exclusively, and although vari¬ 
ous new fabrics, composed of silk, cotton, and flax, were introduced towards the 
close of the republic and under the empire, they were never adopted by any 
large portion of the community. The wool was not dyed but was allowed to 
retain its natural colour, white, ( alba ,) under ordinary circumstances, and black 
( pulla ) for those who were in mourning, and who, when dressed in their dark 
apparel, were said to be Pullati or Atrati. The various articles of dress, when 
cleansed, were not simply washed, but were elaborately scoured with sulphur and 
other purifying substances, bv a class of persons called Fullones. Those who 
were impeached of any offence against the State, frequently endeavoured to 
excite public sympathy, by appearing abroad Sordidati, i.e. with Vestes Sor- 
didae , typifying by the neglect of their personal appearance the mental depres¬ 
sion under which they were labouring. The term opposed to Sordidati is 
Candidati , which has been already explained, p. 177. 

The Roman conquests in the East led to the importation of silk, ( Sericum ,) 
but the cost of the raw material was so great, that thin gauzes (Coae 
vestes) were chiefly employed, or cloths in which the woof was of silk 
(Trama ex Serico) and the warp of flax, (Stamine lineo,) these stuffs being 
termed Vestes subsericae, in contradistinction to the Vestes holosericae, 
composed entirely of silk. Dresses of such materials were at first almost 
confined to women, and so unbecoming was it considered for a man to appear 
in them, that during the reign of Tiberius, the Senate passed a decree —Ne 
Vestis Serica viros foedaret (Tacit. Ann. II. 33.) Although this regulation 
may have soon been disregarded or evaded, it is evident that while silk was 
worth its weight in gold, its use must have been very limited. 2 Cotton also, 
although not unknown, was rare ; but it appears very strange and unaccountable 
that flax, although cultivated in Italy, and used for many domestic purposes, 
was never employed generally, until a late epoch, for articles of dress, insomuch 
that the priests of Isis were at once marked out to the eye as a distinct class by 
the circumstance of their being robed in linen (linigera turbo.) 

It is generally assumed that the words Byssus , Carbasus , Linum , Sindon , 
Supparus s. Supparum , signify different kinds of flax and of linen cloth ; that 
Bombyx , Vestes Bombycinae , Coae Vestes, Sericum , Sericae Vestes , all indicate 
silk; and that Gossipium and Xylinum (sc. linum ) mean cotton. But on 
examining carefully the passages in ancient authors where these words occur, it 
will be found that much obscurity and confusion prevail; that the terms usually 

1 Plant. Mosteli. I. iii. 91. seqq. Ovid. Medic, fac. passim. A.A. III. 197. Cic. Orat. 23. 
luv. S. VI. 481. It is doubtful whether the Periscelis mentioned in Horace was an article of 
dress or an ornament worn round the ancle (Hor. Epp. I. xvii. 56.) The most complete 
account of all matters connected with the toilet of a Roman lady under the empire is to be 
found in the work of Borttigf.u entitled Sabina. 

2 Plin. H.N. VI. 17. Senec. de Ben. VII. 9. Dion Cass. XLIII. 24. LII. 15. Suet. CaHg. 
52. Lamprid. Alex. Sev. 40. Elagab. 26. Vopisc. Aurelian. 45. Tacit. 10. Isidor. XIX. xxii. 


458 


SPINNING AND WEAVING—WRITING MATERIALS. 


manutaof ttt Ilk LS^ 7 muslins or ° ther delicate 
that although I»£r^“e’c rtahf -° Ugrll 7 from , the far East, and 

With its derivatives, Linens ISus ZiZn ^ fr°^ ma 7 lan ? ua ge, Linum, 

yet we shall find Linum and Byssus both used to^enote^cotton’ whiledW^ 
sometimes linen, sometimes muslin or calico 1 ’ 11 e ^mclm is 

w °,° lie ? stuffs e ™p'^d «ciu. 

Spinning and' Weari g’ ™ l£edXT b ,°'* ™ h ~^- 

formed the chief occupation of - honourable m themselves, and 

stood in the Atrium , the public apartment of the^ ””7 T1 *e family loom long 

of the house sat and toiled, surrounded by her female sTaves” 111 ere m ' StreSS 

^?sssff«s-a ■*- 

era raxsag z a, •rS’pssX; 

country at no very remote enoch^m! ’«ni the ™ ethod Poetised in this 
A most graphic aiiddiarminT descrindon r!f rhen° St “ s °"pern Italy, 

where he represents the Fates nlvino- ti 1P - process will be found in Catullus, 

Thetis (LXIV. 312-320.)^The differen^narK otNt7 t nap,ia ' 3 of Pd «.s and 
m like manner enumerated by Ovid when" v 6 L ?i° m and of the Web are 
with Minerva, and are frequently alluded to • , ] llbl "" ! he struggle of Arachne 
Loom, which was generahy p^ced th ? The franie of the 

Iugum, the web wfs Telal the loops wldef’/^ n0t I !? n 1 zontalI Ji was called 
Llck I the warp or longitudinal threads of the^ “® w c# caUed Meddles, were the 
threads Tramci or Subtemen the reed hv i • u ?!'' , [ imen -> the woof or cross 
kept separate, so as to afford a passage for thetif thread ® of tIie war P were 
itself was Radius , the lay by which ^tl.eG ® hutt J e ’ was Arundo, the shuttle 
was Pecten (Ilia etiam rl2 It^tes vercurrLV^ W °° f ** driven home 
Pectine denset opus. Ovid. Fast III 819 ) IELAS — Erudit et varum 

IV. Writing Materials, Books, Libraries, &c. 

the most remote epoch™f5 b recorfin h g°Li7 k n tan ° eS - Whilih were re sorted to from 
documents of every description, and^on whieh^tl PUb 10 aCts and national 
inscribed. Such were slabs of stone AW f- Characters were cut and not 
IV. viii. 18.)—pktes Hor.C. 

incisas publice proposuerunt, Liv III 57 Vwhifl cemi ^ales ... in aes 

sively, down to a very late period fm-’v/’* f • em P lo y ed almost exclu- 

and the decrees of the Senate—sheete of fead^tf ‘ 7 OT f nances of th e People 
CHN. XIII. 11.)—and slabs of wood <L„1' 17 P -T lm . Volumina of 
A.P. 899.) • Nor can we enter into a^lmtaa bn Zl “**? Kgn0 ' Hot - 
(in palmarum foliis primo scrinlitnfmn re- t ‘ s f the llse of P aIm leaves, 

-ars’c is?s 

AXIBUS lig.vkis (alii leg. asse nines) incLe mJtfbc* S ° l ° ms ilHs quae Athene* 



WRITING MATERIALS. 


459 


must, as their name implies, have been composed. We confine ourselves to the 
consideration of the materials which were in ordinary use after the Romans had 
become a literary people, and when writings of all descriptions were multiplied 
to an extent altogether unknown in the earlier ages. 

These materials may be divided into two classes, according as the writing was 
intended for permanent preservation, or consisted of notes made for a temporary 
purpose only. In the former case, the materials employed were either Paper 
( Charta ) or Parchment, ( [Membranci ,) in the latter, thin pieces of board coated 
with wax ( Tabulae ceratae.) 

1. Paper, termed Charta , was made from the reedy plant called Papyrus , 
the Cyperus Papyrus of modern botanists, which grew in great abundance amid 
the stagnant waters left by the inundations of the Nile. Paper from the 
Papyrus was used in Egypt at a period far beyond the records of authentic 
history, for fragments of it covered with writing are found attached to the oldest 
mummies. It was imported into Rome from Alexandria in large quantities 
towards the close of the republic and under the empire, and manufactories 
( Ojjicinae ) existed in the metropolis for the purpose of making it up into dif¬ 
ferent forms. Eight varieties were known during the early part of the first 
century; the best quality was Charta Augusta , the second Liviana , the third 
Hieratica , this in ancient times having been the epithet applied to the best; the 
lowest was called Emporetica , and was used for tying up parcels only. In 
consequence of certain improvements introduced by the emperor Claudius, the 
Charta Claudia eventually took precedence even of the Augusta. The mode 
in which the Papyrus was manufactured into paper has been minutely described 
by Pliny, who is our great authority upon this topic, (H.N. XIII. 11.12.) but he 
is more than usually obscure and confused in his phraseology when describing 
the process. We gather, however, from his words, that the stem of the Papyrus 
was cut into lengths, and that the inner substance was separated into very thin 
strips or slices ( philyrae ) by a sharp pointed instrument ( acus .) Two of these 
philyrae were placed one above the other, the direction of the fibres in the one 
being at right angles to the fibres of the other, and glued together to form the 
thickness of the paper ; several of these strips were then placed side by side and 
glued together to form a strip of the proper breadth, which was now termed 
Sclieda, or Pagina , or Plagida , the breadth varying in the different qualities, 
that of the Augusta being IB Digiti , (p. 409,) that of the Hieratica 11. Again, 
several Schedae or Plagulae were glued together to form a full sized sheet 
called Scapus, the number of Plagulae so united never exceeding twenty. The 
Claudia was thicker than any of the other kinds, being composed of three 
philyrae placed above each other; in breadth, too, it exceeded even the Augusta , 
being a foot wide, ( pedalis ,) and the particular variety called Macrocolum 
or Macrocollum 1 was a foot and a-half wide (cubitalls.) 

2. Parchment or Vellum, termed Pergamena (sc. membrana ) because the 
invention of it was ascribed to one of the early kings of Pergamus, was also 
extensively used, but being much more costly than Charta made of the 
Papyrus , was employed for those documents only which were regarded as of 
great importance and value. 

Pens and Ink. —The pen for writing upon paper or parchment was made of a 
reed, and hence is termed Arundo s. Calamus s. Fistula , and was formed into the 
proper shape by a penknife—the Scalprum librarium. Ink, termed Ati anien- 

1 The term Macrocollum, applied to paper of large size, was known to Cicero, see Epp. ad. 
Att. XIII. 25. XVI. 3 


460 


WRITING MATERIALS. 


mixed buming P itchor rosin) 

fluid contained in the ba«’ of the cuttle ILf m<>us iqu ! d ' Se P ia aIso ? the dark 
mentum. i ° tlie Cuttle fish ’ was used as a substitute for Atra - 

ma S ke“ t: not necessarily 
the application of a wet spomre • if p n ’ . mi ° ke ea sflj obliterated by 
being properly dressed,1Xf 8 ^ f the ,f " Wt 

lemoved in this manner the surface nf 7 ’ ack maiks could not be 
able for the receptioTof fash wHfa ° fa men l bra ™ “‘ght be rendered avail- 
similar substance, and lienee second-homi ?' ap 5' lg 14 WIth pnmice-stone or any 
was called Palimpseslus. 3 * P aic hment renovated in this manner 

an author® hTd^eYfTr“i^mf o^wSi®old MSsZe™™' Th "''‘ en 
order that they mio-ht conv nut +w. • oicI were g ly en to boys in 

distinguished by the epithet Opisthograplms “ °" ‘ ^ back ' S “ ch "' ritin e : was 

n^riabwt SI a f ** 7^ ° f aH 

termed Stilus TM^'X hth wig rtndt"? t™ ^ ^ ^ 

scratching the wax, and flattened at f sharp point at one end for 

it was desired to obliteratewhafLd“ ther f" 1 ““oothrng the surface when 
Stdum signifies To make an erasure “ Scilbed —bonce the phrase Vertere 
united together, they formed boobs uU,‘ i ° U seven “ of these Tabellae were 
(Phrium TabularJ m " ere ter “ ed Codices s - Codicilli; 

were called Pugillares, and according as tW listed of tw di "’ ensions - “>07 
leaves, were distinguished as Dinturb! rl;,7 ;™ td , of two > thre e. or more 
Instead of common deal, the precious OitrJ ° "s ' ( ? Jwes ' Quincuplices , &c. 
Pugillares, and they were faauenfa dfi f 7°° d ," -as sometimes employed for 
Although the worts TabuZ & d ,f w.th costly ornaments ‘ 

tablets covered with wax,they’are rnmmh T/l"" 1 ’ P r0 Pe“7 «fer to 
denote written documents of anv dpscri'r ^ i A °^ ed 111 a general sense to 
employed. Thus “> e “«‘«M 

such a deed would doubtless be crpn prill r lved P ,!iase for a Will, although 
Horace designates the first page ofa^VilPi^P paper 01 parcbment > and 
But Pugillares might be made of a \ Pnma 0 ce ™ (S. II. V. 53.) 

f the Epigrams of Martial (XIV. 7 ) beam™ its T° f 1V % ; and thus one 
branei, and another (XIV. 5 .) PuXi lln Z vl • Lei ?? a Pu 9^ares Mem - 
(Orelh lS T o. 3838) we read of Puaillarp? - JOiei , while in an inscription 
. Liber .—Observe that CMm opercidis eboreis. 

dally of the Tilia or Linden-tree and^lmt P 7 v' mner baJ ' k of a tre ®’ espe- 
membranes of which the Liber is comnosed the tbin ]a ^’ s <* 

pared in early ages for writing lust -is tl,o p/ 7 S Subs * anGe having been pre- 
Egypt, the word Liber in nropSsPf r 1 P]llh pae of the Papyrus were in 
a book or document of any description**witT ^ . m ? ed bke Tttiulae, to denote 

VUCUuni, Martial. Xivi t\'° VUL A “ s »"- E P>Sr. 146. 




LETTERS—BOOIv-BTNDING, &C. 40 J 

brana sint, sive in quarts alia materia. Sed et si in PJiilyra, aut Tilia ut 
XXm h ^’f C,mt ’ aU ‘ m aKqU ° COri °’ idem erit Dlpian. Digest! 

pa^“S"^meiT" "'"T • P °'' Waxecl tab,et8 ’ but aIs0 ”P™ 

Pistoclera m Chrysalus , m tlle Bacchides of Plautus tells 

nstoclerus to letch her all things necessary for writing a letter, she names 

s til urn, Ceram, et Tabellas, et Linum.—IV. iv. 64. 

SlLP™ m 5 nt i° ned , liere is for sealin » the string (Linum) with which the 
tcTblets were tied together; and when the wax was thus applied, it was stamped 

^ith the impression ° f a signet-ring, this operation being termed Obsiqnare 
Thus, m the scene above quoted, after the letter is finished^ writer eZZt, 

Cedo tu Ceram ac Linum actutum, age Obliga, Obsigna, cito. 

when a letter wa s opened, the first operation was to destroy the seal— 
i pun e the next to cut the string— Linum incidere (Cic. in Cat III 51 

°- pwhaps ^ ™" "o 5 i 

°f Letters.- Since the Roman government had no post-office 
estabhslnnent, persons of small means were obliged to take advantage of any 

hTt ni y ; VhlC S’! )• ° CCUI ,' f ° r transraittin o letters, while the rich and 
nnrnfl 2 65 ° f Pubhcam re S ular couriers, called Tabellarii , for the 

pul pUbc* 

Book-Binding, libraries, &c.—When a work was completed, the different 
• tiips of paper or parchment on which it was written were glued to each other 
m regular order, so as to form one long sheet. To the lower extremity a 
yhndiical piece of wood was attached, round which the whole was rolled and 
thus a Volumen was formed. The two circular ends of the wooden cylinder 
the only portions of it visible when the MS. was rolled up, were termed Umbilici 
a . nd he ” ce tlie word Umbilicus was used to denote the cylinder itself, which gave 
nse to the phrase umbilicum adducere , signifying "to bring to a conclusion. 
lhe two Umbilici were sometims decorated with colours, (hence, picti umbilici,) 
and sometimes two knobs, called Cornua, were attached to them. The rough 
outside edges of the roll, named Frontes , were cut even and smoothed with 
purmce stone, (gemmae pohantur pumice Frontes ,) the back of the roll was 
rubbed over with oil of cedar, (oleum ex Cedro, Vitruv. II. 9,) which was 
believed to possess the property of preserving it from the attacks of moths and 
other insects (Tineae Blattae.) An outside wrapper (the cvrry/ 3y of the 
Greeks) dyed of some bright colour, yellow or purple, (Lutea sed niveum 
involiat membrana libellum — Nec te purpureo velent vaccinia fuco,) was then 

fitted on, and secured by red strings (lora rubra.) Finally, the title (Index _ 

1 itulus -,iXXv/3q$) was written in scarlet letters (Titulus notetur minio-Index 
rubeatcocco) on thin parchment, (: membranula ,) and attached to one of the 
Umbilici ov of the Cornua. Reference will be found at the bottom of the pao-° 

to the different passages in ancient writers from which the above account 1ms 
been pieced together. 3 

1 Cic. ad Fam. VII. 18. ad Q..F. II 15. Martial. XIV. H Digest XXXTTT i 

I Cic n Verr. Ill 79. ad Fam. XII. 12 . XIV. i mi„ II ?, XXXHI 1 

A o ia c 1. XXII. Tlbull. III. i. 10. Ovid. Trist. 1. I. 5. III. i. 13. E.P. IV xiii 7 Hor 

Af'cStAS IV. 5ST LuciarAdvera Inlet 7o. * VlVHl » * 03 ^ 


462 


LIBRARIES—DWELLING-HOUSES. 


When books were collected in Libraries, they were deposited in presses or 
shelves termed Armaria s. Foruli s. Loculamenta, or figuratively, Nidi , and 
when carried about from place to place were packed in boxes called Scrinia or 
Capsae} The material most esteemed for the construction of such repositories 
was the wood of the cypress tree, which was believed to be more durable than 
any other, and to possess antiseptic properties—hence the exclamation of Horace, 
(A. P.331.) 

---— Speramus carmina fingi 

Posse linenda cedro, et levi servanda cupresso. 

Librarii is the general term for that class of slaves who were in any w T ay 
connected with the book or writing department in an establishment. Hence 
this name is given to the Transcribers who made copies of works for their 
masters use or for sale, to Secretaries of every description, ( Librarii ab episto- 
lis ad manum a manu—a studiis ,) as w r ell as to those domestics who took 
charge of the apartment in which the books were kept ( Servi a bibliotheca. 2 ) 
Librarius is used also to denote a bookseller , for these persons, when in a 
small nay of business, would copy out with their own hands the works which 
they retailed. The names of the books which they had in stock were affixed to 
posts 01 pillars ( Pilae—Columnae ) in front of their shops, ( Tabernae Librariae ,) 
and hence Horace when he declares that he had no wish that his writings should 
be hawked about, uses the expression (S. I. iv. 71)— Nulla Taberna meos 
habeat neque Pila libcllos —and again, in allusion to the same practice (A.P. 

rwediocribus esse poetis = Non homines , non di, non concessere Colnm- 
nae. The Argiletum and the Vicus Sandalius seem to have been the chief 
quarters of booksellers under the empire, and the fame of the Sosii under 
ugustus, of TJorus under Nero, and of Tryphon under Domitian, has been 
pi eserved by Horace, Seneca, Martial, and Quintilian. 3 


Y. Houses. 


ie anangement of a Roman dwelling-house ( Domus—Aedes privatae) has 
pioved a souice of much embarrassment to scholars, and although strong light 
has been thrown upon the various subjects of discussion by the extensive exca¬ 
vations at Herculaneum and Pompeii, many points are still doubtful, and ample 
loom is still left for controversy. We shall mention in succession the constituent 
parts which usually made up the town mansion of a man of fortune, during the 
nst century of the empire, and endeavour to determine their relative position in 
tie plan (A) placed at the end of the volume, which represents the ground 
plan of one of the largest houses at Pompeii, that which is usually distinguished 
as the House of Pansa. It must be borne in mind that many of the rooms 
there represented were altogether dispensed with in dwellings occupied by 
peisons of small means, while, on the other hand, the most sumptuous edifice in 
a small provincial town such as Pompeii was, could not vie either in the number 


I nTvn.' 17 11 VopSc. -ric I it E 8 PP ' IL 17 ' SeneC- de Tran( l ui11 - 9 ‘ Iuv - S - IIL 21 9 - Martial. 

shops^ee Aui el Gen Ti yWvvW by the Greek term m ^ io Polae t and their 
119 Hnr Pm tV o TJ' * IIL - 3t) ^VIII. 4. See also Cie. de Leg*. III. 20. Philipp. 
XIII 34 1 5, Senec - de Ben - vn. 6. Martial. I. 118. II. 8 IV. 71,72. 

Xni 3 .Praef. On the price of popular new publications, see Martial. I. 67. 118. 

Ma is on ^Rotname ° Paris 1 ° "h YT SUl * ^ AZ01 ?’ Le Palais de Scaurus ou Description d'une 

toe-ether wnth ^ r ! S . rP 2 ’ an( * * ie K rea t work of the same author on Pompeii. These 

materials reouisitp ? l Y su ® to the second scene of Bkckbr’s Gallus, contain ail the 

terials requisite for the student who may wish to investigate this difficult subject. 





DWELLING-HOUSES. 


403 


or the scale of its apartments with the palaces of the metropolis. The two 
sources from which we derive the greatest amount of direct information, are the 
sixtn book oi Vitruvius, and two letters of the younger Pliny (II. 17 . y g v 
l he former however, contains chiefly architectural precepts for the construction 
of a house, the different portions of which, in so far as their uses and iuxta 
position were concerned, were familiar to his readers, while in the latter, two 
Villas are described which, it would appear, differed materially from ordinary 
town houses. J 


. We must begin by explaining this term, which bears two distinct 

significations. It originally denoted a mass of building, consisting of one or of 
several houses, surrounded on all sides by streets or lanes, and thus completely 
detached from other buildings. Even when an Insula contained only one re<m- 
far mansion, there were frequently shops in different parts of the ground story 
, 1S common m Roman and Neapolitan palaces in modern times. Such a mass 
of building was frequently raised to the height of several stories, and laid out in 
lodging-houses for the accommodation of single individuals, or of small families 
belonging to the middle or lower classes, these individuals and families living 
completely apart, but still under the same roof, as takes place in the Flats of a 
Scotch Land , or the Etages of a French Hotel Hence Insula is employed to 
denote a single lodging-hou^e, or set of apartments, and the person employed 
by the proprietor to exercise a general superintendence over the whole of the 
separate Insulae , which were included in the large Insula , was named Insu- 
lanus , his duties being probably analogous to those of a Concierge in French 
establishments of a similar nature. The mass of building represented in the 
plan (A) at the end of the volume is an Insula in the first sense, containing not 
only the mansion, called the House of Pansa, but also a number of shoos 
marked (x), and four small lodgings marked (z), none of which had any com¬ 
munication with the House of Pansa, and would thus be termed Insulae in the 
second sense . 1 


VesiibiiS.im. Area— The door of the house was frequently thrown back to 
a considerable distance from the street, and an open space was left in front, 
which was sometimes planted with trees, and was large enough to admit of a 
portico on each side, ornamented with triumphal chariots, statues, and other 
works of art. The open space was termed Area, and this, together with the 
colonnades, seats, &c., constituted the T estibulum, which, it must be under¬ 
stood, was altogether on the exterior of the mansion. The houses in Pompeii 
have no I estibulum , but open upon the street, as in the case of that represented 
in (A.) 

Ostium, lamia, were the names given to the principal entrance, the door by 
which it was closed being usually folding, as indicated by the plural words 
Valvae and Fores , the latter, however, is used also in the singular Foris. The 

door was generally left open during the day, but a Porter— Janitor—Ostiarius _ 

kept watch in a small lodge or box, (Celia ostiarii,') observing all who passed in 
and out. 

Prothyrnm.— A passage or small entrance hall leading from the outer door 
to the interior of the house. 

Atrium.— This, for a long period, was the most important apartment in a 
Roman house. It was generally more spacious than any other, and existed in 
some shape in every mansion, great or small, from the earliest down to the 


X 

1 Vitruv. I. 6. II. 8. Paul. Diac. s.v. Insulae p. ill. Cic. pro Coel. 7. ad Att. XIV. 9. XV. 
17. Tacit. Ann. XV. 53. Suet. Ner. 38. Sencc. de ira. III. 35. 


4G4 


dwelling-houses. 


latest times. It was always placed opposite to the principal entrance, and was, 
11 the great majority of cases, lighted by an aperture in the centre of the ceil- 
«w!J5 P ! n t0 1 I ie - Sky ’ whlch was called Irnpluvium, because the surrounding roof 
J “ t0 'I ards , lfc . so . as t0 conduct the rain down into a reservoir called Co?m- 
^ H f ° r Tr 111 t lG pavement below for its reception. The Atrium was ori- 

f; £ e r Pl ! )llC r ^’ ° pen }° a11 members of the family, to friends, and to 
visitois. In the middle was placed the fire-place of the house, (Focus,) where 

all culinary operations were conducted, the smoke escaping through the Implu- 

thp ? nff P vc 7 beside the Focus a small altar was erected, upon which were placed 

hard t a g nV.°h. P d0m f G °, dS ’ the , LareS and "•!>» occupied 'niche., 

minsi™ tw the spot farthest removed from the exterior of the 

fie ml! 71 " j", Ch ocoa !f d was sometimes termed Penetralia or Foci 

diatelvonnt.it 1 . r h t e i A / mm St 4 °, d t ,e ma ‘™g e oouch (Lectus genialis ) imme- 
ciiatciy opposite to the door, and hence it was sometimes distinguished as Lectus 

heresS the lo 0 ’ aU l he n T berS - ° f the household shared the common repast; 
m W idens' ht t] \ ^ plied b er labours surrounded by hef 

Xsew-Uthe master received his visitors; here, when a death occurred, the 
pse was laid out previous to the funeral, with feet towards the outer door; and 

Nolills )n tie , Wa vi en of illustrious ancestors in which the 

in so fip^« ° ^ t( u Slic]l pnde * rhls description must be understood to apply, 

tive ap-es nnFv T b !l° ng ] n ?. t0 the hlgher ranks Av ; ere concerned, to the primi- 
time « * /’ TV 1Gn ^ 1(3 Atnnm was the sole public apartment. In process of 

TmkT/T r °° mS f ° r C °° k T^ f0r ban T ue ting, and for carrying onoXaiy 
in he h 01 S Tit Constm f d ’ a private chapel was provided for the Gods, and 
and of tlm f th<3 g u eat the Atrwm was set apart for the reception of clients, 
fcwSlS fr0 “- ” teired * ‘heir respect for,’ 

Atrittmm>'ivlZ'Pn h .° a t es becamo more spacious and the dimensions of the 
heiue' placed ’ CC ;!"‘ C necessai 7 to support the roof with pillars, one 

found n no! ‘ C °™ er of tl,e In process of time a room was 

he aperture wasT’f t "““T* “ poin ‘ of coolness aa<1 ventilation in which 
lieht m«e nTltrT 6 lar S“'. than wa3 absolutely required for the admission of 
g t, mote pillars were in this case required for the support of the beams and 

°° urt ™ 3 ‘hen formed below the /^SumfsurrLndTby a 
Pciiswlium fwir n r, ” Cd o P< i' r - 1 tl118 plan Was termed a Cavaedium. 

wallsTthe court Ti c? t^ b . etwee ? S' e P illar3 * ‘he colonnade and tlm 
’ an d cloisteis were termed Peristylium. 

all s^rbm^S'l Atri, trium ' “ da t medi !‘ m ’ and a Peristylium, 

,, n t + i ’ occasionally the Atrium was contracted to a mere ante-cham- 

case the At Camedmm booa me the great reception hall. When this was ‘the 

ten:°^:^ Sr00fed 0Ver C , 0raplete, y testadiZZ) 

other. ° 8 ° Cavaedmm 011 one side, and from the outer door on the 

It is clear that it must have been difficult to determine the exact ™int m 

uZ l ZT mm r Sed int0 t Cavaedium i and a Cnvaedium into a Peristy- 
n Iff ! n ° ® Urpnsin S that tbe expressions employed by ancient 2, 
m reference to these matters should beoccasionally'ambits It « « T 

Jhe’oneXnd* 0 T® U ?° U d<!tails of the eontroversy mahnained by those upon 
™,o „ ‘ ntamtain that Atrium and Cavaldium are absolutely svno! 

, i at all events, that the Cavaedium was merely the small court in the 


DWELLIXG-IIOUSES. 


465 


centre of the Atrium , and by those who insist that these words always represent 
apartments entirely distinct. It is enough to bear in mind that the Atrium was 
never dispensed with, that neither the Cavaedium nor the Perislylium were 
essential, and that when we find one only it may be difficult to determine to 
vvliich ot the classes it properly belongs. Then in the house A we have the 
Atrium distinctly marked, but we may hesitate, whether the court behind marked 
J, ought to be regarded as a Cavaedium or a Peristylium. 1 

iablmum. Ala**.—The Atrium at its lower end was divided into three 
apartments open in front; the largest, that in the centre, was the Tablinum , 
and the two smaller, on each side, were the Alae. Here were deposited the 
genealogical records and archives, and all documents commemorating the exploits 
which had been performed or connected with the high offices which had been 
filled by members of the family. 

Fauces was the general name for narrow passages leading from one portion 
of the house to another, and of these there was generally one on each side of 
the Tablinum. 

The Tablinum with its Alae served to separate the public from the private 
apartments; and hence when there was both an Atrium and a Cavaedium , 
the lablinum would be placed at the bottom of the Cavaedium. 

Tricliusa, dining rooms. When there were several of these, they varied in 
size according to the number of guests which they were designed to contain, and 
were built so as to offer different exposures suited to the different seasons of the 
year. 

Cnbiciilu s. ©os-itsiioria, bed-rooms. These also were arranged so as to 
suit the seasons. Some had an antechamber or dressing-room attached, called 
Procoeton , ('ttoox.oituv,) in others, the bed was placed in a recoss or alcove 
termed Zoiheca. 

«*cci.—This is a general term for Saloons , which might be used as dining¬ 
rooms, as private sitting rooms for females, or for any other purpose. The\ 
received different appellations according to their form and architectural decora 
tions. Thus an Gee us which was square and ornamented with four pillars, was 
named Telrastylos , others were called Corinthii , Cyziceni , Aegyptii , &c., 
according to the style in which they were constructed and fitted up. 

Excdrac were conversation rooms, [parlours ,) furnished with seats, which 
were frequently placed in semicircular recesses ( Hemicyclia .) 

In many cases the name alone sufficiently indicates the purpose for which the 
apartment was designed. To this class belong the Bibliotheca , (library,) the 
Pinacotheca , (picture-gallery,) the Lararium , (chapel,) the Culina , (kitchen/, 
with its Latrina (scullery) attached, the Pistrinum, (bake-house,) Celia Ptnu - 
aria , (store-room,) Celia Vinaria , (wine-cellar,) and many others. 

The cut marked B represents one of the numerous attempts to lay down the 
plan of a Roman house according to the description of Vitruvius. Many of the 
arrangements, as here represented, are, however, very doubtful, and the space 
which is marked as a Vestibulum ought to be designated as a Prothyrum, 

1 The passages chiefly relied upon by those who entertain conflicting opinions with re¬ 
gard to the relation hetween an Ahium and a Cavupdium (or Cavutn aediuin, as it is some¬ 
times termed,) are—Varro L.L. V. § lfil, Vitruv. VT. 3. seqq. Quin til. I. O. XT. 2 S 20. 
Virg. JEn. II. 483. Plin. Epp. II. 17. Plin. H.N. XIV. 1. Paul. Diae. s v. Atrium p. 13. 


II 


O 


A 















































































































































































































































B 



1. Yestihulum. 

2. Atrium, [yaedium. 

3. Peristylium and Ca- 


4. Basilica. 

7. Bibliotheca. 

5. Porticus. 

8 . Pinacotheca. 

6 . Triclinia. 



9. Exedrae. 
10. Courts. 










































J ’ Jno So*pita, from a Statue in the Vatican. 








LIST OF ILLUSTRATIONS. 


milia, 


Puteal Libonis. Denarius of the Gens Scrihonia, 

Faustulus, &c. Denarius of the Gens Pompeia, 

Templum Divae Faustinas, 

7 • • • 

Aedes Vestae. Denarius of the Gens Cassia, . 

Venus Cloacina. Denarius of the Gens Mussidia, 

The Dioscuri. Denarius of the Gens Postumia , 

Basilica ^Emilia et Fulvia. Denarius of the Gens 
Templum Iani. Large Brass of Nero, 

CoLUMNA TrAIANA, 

Basilica Ulpia. Large Brass of Trajan , 

Arcus Triumphalis. Large Brass of Trajan, 

Templum Divi Traiani. Large Brass of Trojan , 

Capitolium. Denarius of the Gens Petillia , 

Capitolium. Large Brass of Vespasian, 

Capitolium. Silver Medallion of Domitian, 

Arcus Septimii Severi, . 

Tullianum. Sir W. Celts Rome, 

Arcus Titi, .... 

Templum Pacis. Large Brass of Hadrian, 

Colosseum, .... 

Arcus Coxstantini, 

Arcus Argentarius, 

Templum Iani Quadrifrontis, 

Aedes Vestae, .... 

Templum Fortunae Virilis, 

Theatrum Marcelli, 

PORTICUS OCTAVIAE, 

^ illa Publica. Denarius of the Gens Didia , 

Pantheon, .... 

Sepulchrum Hadriani, now the Costello di S. Angelo, 

Pons Aemilius. Denarius of Gens Atmilia, 

Insula Tiberina, 

Aqua Marcia. Denarius of Q. Marcius Philippus , 

Cloaca Maxima. Sir W. Gell's Rome, . 

The Servian Wall. Sir W. Gell's Rome, 

Balloting. LJenarius of the Gens Cassia, 

Balloting. Denarius of the Gens Eostilia, 

Sella Curulis and Fasces, 

Aediles Cereales. Denarius of the Gens Calpurnia, 

Sacerdotal Instruments. Denarius of Nero, 

Augustus in a Triumphal Car Drawn by Elephants. Large Brass of 
Augustus , .... 

Carpentum. Large Brass of Agrippina, .... 

Funeral Pyre, with Legend Consecratio. Large Brass of Antoninus Pius, 


PAGE 

32 

13 

15 

15 

17 

18 

19 

20 
24 
24 
24 
24 
26 
26 
26 

27 

28 
31 
31 

35 

36 

40 

41 

41 

42 
45 

45 

46 

47 

50 

51 

52 
56 
59 
59 

109 

109 

137 

159 

206 

212 

212 

212 








470 


LIST OF ILLUSTRATIONS. 


Empress ascending to Heaven on a Peacock. Large Brass of Julia Domna ,212 
Lictor with the Fasces, from an Ancient Bas-relief. . . .224 

OMAN Lyres. Hope's Costumes of the Ancients, .... 231 

E. CC. (Bemissae Centesimae.) Third Brass of Caligula, ' — 

. XL. (Bemissae Quadragesimae.) Large Brass of Galba, 

Sacred Utensils. Frieze of the Temple of Jupiter Tonans, 

Provoco. Denarius of the Gens Porcia, 

Sacrificial Knife and Axe. Frieze of the Temple of Jupiter Tona 
Lituus. Frieze of the Temple of Jupiter Tonans, 

Albogalerus. Frieze of the Temple of Jupiter Tonans, 

Ancilia. Denarius of Augustus, 

Sacred Utensils. Denarius of Ccesar, . 

Simpulum AND Lituus. Aureus of Augustus, . 

Sacred Utensils. Large Brass of M. Aurelius, 
oman Emperor Sacrificing. Large Brass of Caligula, 

Plan of the Circus of Caracalla, . 

Circus Maximus. Large Brass of Trajan, 

Metae of the Circus. Large Brass of Balbinus, 

1 lan of a Roman Theatre. According to Vitruvius, . 

Plan of a Roman Theatre. Pompeii, 

Colosseum. Large Brass of Titus, 

Amphitheatre of Pompeii, 

Jupiter, Juno, and Minerva. Bas-relief in the Capitol, 

Standard Bearer and Legionaries. Trajan's Column, 

Greek Warrior. Hope's Costumes of the Ancients, 

Dacian Horseman. Trajan's Column, . 

Roman Standards. Denarius of M. Antonius, 

Triumphal Arch. Large Brass of Nero, 

Roman Emperor and Slingers. Trajan's Column, 

Ship. Tomb at Pompeii, . 

Ship. Large Brass of Commodus, 

Ship. After Scheffer, 

Roman Coins. Various, 

Nuptial Couch. Ancient Painting, 

Interior of Tomb. Pompeii, 

Roman Bath ,from the Baths of Titus, . 

Roman Amphorae. Pompeii, . 

Tibia. The Double Flute, from a Painting at Pompeii, 

Isis with Sistrum. Ancient Statue, 

Lyre and Pecten. From Ancient Paintings , 

The Toga, from Ancient Statues, . 

Jupiter. Statue in the Gallery of Florence, 

Statue of a Lady. Pompeii, 

The Paenula. Ancient Statue, . 

Calcei and Soleae. Becker's Callus , . 

Plans of Roman Houses, 

JunoSospita. Statue in the Vatican, \ 

J ° PITEE W1TH STATra Hope's Costumes 'of tie Ancients, 







INDEX 


Page 

A.108, 299 

Abacus.422, 443 

Abdicare se Magistrate... 180 

Abdicatio. 179 

Ablegmina.342 

Abolla.454 

Abrogatio Imperii. 182 

Absens Creari.176 

Absolutio.281 

Absolvo. 108, 299 

Accensi.70, 198, 383 

Accensi Velati. 70 

Accepti Latio.270, 273 

Acceptum ferre, &c.270 

Accumbere Mensae..440 

Accusare Rei Capitalis.... 83 

Acerra. 343 

Acetabulum.411 

Acetum.439 

Acies.388 

Acroama.447 

Actio Communi dividundo 274 

- Damni iniuria dati 274 

-- Emti. 271 


- Familiae erciscundae 276 


Finium regundorum 274 


-Furti.273 

- Furti oblati. 273 

-Iniuriarum. 274 

- Mandati. 272 

- Noxalis.310 

-Prima. 299 

-Secunda. 299 

- Venditi. 271 

Actionem Dare.280 

-Edere. 280 

Actiones, Definition and 
Classification of.267. 208 


Page 

Actiones Arbitrariae ..268, 276 

-ex Fide bona..268, 276 

-Extraordinariae 275 


-in Personam.268 

- in Rem. 268 

-Legitimae. 277 

-Ordinariae.276 

-Rei uxoriae. 253 

-Stricti iuris ..268, 276 

Actionis Postulatio.280 

Actor .98, 267, 277, 315 

Actus.258, 409 

-- Minimus.410 

-- Quadratus.410 

Ad Murciae. 39 

— Murcim. 39 

Adfines.264, 267 

Adiudicatio. 254 

Adlectio. 118 

Administration of Justice, 275, 

315 

Addicere.258 

-Bona. 276 

Addictus. 269 

Adoptio. 118, 267 

Adoption in the Comitia 

Curiata.117 

Adscriptitii. 70 

Adspergillum. 343 

Adstipulator. 270 

Adfinitas. 267 

Admissiones primae, Ac... 431 

Adversaria.270 

Adversarius.277 

Advocatus. 312 

Aedes Castoris. 18 

-Cereris. 39 


Deum Penatium, 14, 23 


Page 

Aedes DM Iulii. 13 

-Ilerculis Musarum 44 

-Larum Permarinum 48 

-Privatae.462 

-Rotunda Herculis... 39 

-Yectilianae. 35 

-Yestae.14, 42 

Aedicula..325 

Concordiae. 14 

Aediles.155-160 

- Cereales. 159 

- Curules..156 

- Plebeii. 156 

Aegyptus (Provincia) .... 193 

iEnea. 5 

Aequimelium.39, 40 

Aerarram.28, 155, 163 

Aerarii.82, 169 

Aes.411 

— Equestre.72, 73 

Hordearium. 72, 73 

Militare. 235 

Aesculapius. 323 

Aestimatio Litis.300 

Aestivum Aurum.445 

Aetas Quaestoria.174 

— Senatoria. 215 

Ager Campanus.225, 231 

— Eft'atus. 5 

— Hostilis. 44 

—■ Publicus.... 158, 225, 232 
Publicue, in the Pro¬ 


vinces. 189 

- Scripturarius. 234 

- Vaticanus. 3 

Agere Conventus. 188 

—-cum Tribunis. 221 

Agger...396. 400 














































































































































472 


INDEX. 


Agger Servii Tulii... s % 

Agitatores. o,f 

Agmen. 007 

tf” atl .255, 264, 265 

Agnomen. ’If 

Agonalia. . 9 £ 

Agone?. ‘.7.7“ 

Agrarian Laws. 225 

Agri Censni censendo.7.. , 0 / 
Aius Locutius. 22 

AkbastVon.;:;; ;;;;;:; ; 33 ^fff 


320 

342 

231 

167 


Alae. 

Alarii. . 

Alba Linea.77.7" 348 tfn 

Albogalerus....... 77 *,. aaa 

Album Senatorium... 213 , 


333 

167 


Iudicum. .7 294 I _ 


Alea .. 44.fi 

Aleatores...Ik 

Alia Omnia.. . 

Alio Die. . 

Aliptes.. ]\ 2 a 

Alites . . 

A1 tare..7 ..;;*" 59- 

Alveus (in the batlij..’..’ 434 


Apotheca. 

Apotheosis of the Emperors 210 

Aprilis. » 

Aqua Appia — Marcia—’ 

I epnla—Iulia—Virgo— 

I Alsietina s. Augusta— 

Claudia — Anio Vetus_ 

Amo Novus .... nr kt 

Aqua Crabra..;;;;:;:;;;^ 

- Petronia.* * * * 43 

~— Mercurii..*.".**" 35 

Aquae et Ignis Interdictio 

Aqueducts. H ^ ” • 3 j° 

Aquila Legionis. 390 

Ara * 


As, applied to measures of 

length.. 410 

^ Slani .238, 239 

Assa voce .447 


Assidui. 


71 


403 

250 

267 


—- Maxima..., 


(in a ship) 

Arnica. 

Amitini (ae)7.77.... .,.. 7 

Am bar vale Sacrum... 331 

Ambarvalia. " ‘ 31 o 

Ambire—Ambitio ...". 770 

Ambitus. iVq oAI 

Amictus. 4 JJ’ 

Amiculum... 

Amphitheatrum Tauri *" * 40 , . , ---. 

Amphitheatres .... . 4 lcu , la Turana.. 


Consi. 


325 

39 


Evandri.. 09 

- Febris. . . . . . 37 

- Iani Curiatii ....." 97 

- Iovis Elicii." * 39 

- Iovis Inventoris....’.’ * 39 

- Iunonis Iugae. 40 

Inn° nis Sororiae .... 37 

■ Make Fortunae. 37 

Martis 


Assurgere..77 180 

Asylum. 2 5 

Athletae. 35Q 

Atellanae .... 352 

Atramentum.’ ”' 4™ 

Atrati.426 457 

Atrium (Dwelling House) ’ 463 

Fori Traiani. 23 

-Libertatis. 33 

- Itegium. 15 

Vestae. 45 

Defence of 


Attack and_ 

lortified Places.. 399 

Auctoramentum.359 

Auctorati 
Augures 


359 

328 


48 


SaSt . V -*- 39 ’ 3 "’ 336 

Arae Fontis... fq 

Aratores. . 

Arbiter Bibendi.7o 

Arbitri. ‘"' 97 R 

Arbitrium. i!° 

Archimimus. 


... 

Augusta .. 207 


Augustales. 

Augustus (Mensis). 

(as a title). 


356 

410 

438 


403 

75 

168 


Amphora (measure) 

Amphorae. 

Ampliatio. '" 9 <1Q 

Amplius. fqa 

Ampulla. fk 

Ancilla...;. 448 

Ancora.. . 

Ancoralia.!‘ * .* 7 * * 

Angustus Clavus. 

Animadversio Censoria 

Amo Novus. fr 7 

--- Vetus. 

Anna Perenna. 999 

Annales Maximi.....'. 399 

Annuli.. ..W“ 455 

Annulus Aureus.... 7 v 991 

- -Pronubus...;;; ’ 593 

Annus Bissextus.... * off 

Annus Confusionis. . 379 

Anquina.7‘*- Z? 

Anquirere. " 9 /q 

Anquisitio.7*7*77 9,88 

Antemeridianum Tempus 428 
Antennae. ^ iff 


36 

35 

43 

27 

30 

23 


AntepiknC;/; . 3 V 3 90 ? Arm i]lae 

Antesignani .777777 ’ gg ' 

Antestari. .fXl 

Antipolis..7 7’ 7* 7* * * * r 

Antiquare Rogationem.... 106 

Antlia. .jlf 

Antrum Caci. Ek 

Anubis. 09 S 

Apeiirecaput... 1 I 5 

A p»u». iU 


Arculae. ft? 

Arcus Argentarius.* 47 

—-— Claudii.* 40 

Constantini. 

" 4) . olabelIae . 777 

-M-Aurelii. 

-S. Seven. 

-fiti. 

~-Traiani..* * 

Area Apollinis. 77 * 2 q 

- Capitolina., n R 

-- Circi.. 7 ; 040 

Concordiae... 2 7 

CEVe hng bouse).... 463 

- J*on Iraiam. 99 

A. i: SSS, f !. <Tabernae) «i ™ 

Argentifodinae... * .* *.93] 

Argiletum. ‘" V 

Armamenta ... 7 ‘I. ini 

Armaria. . 


210 

362 

Aulaeum . 356 

Aungae. 35 a 

Annona Salaria. " 284 

Aurelii Gradus.’’ 17 

Aurehum Tribunal .... 17 

Aureus (coin).* 477 

Aurifodinae .. ,**’ 234 

Aurora 322 

Aurum Coronarium.... 188, 192 
Vicesimarium ....’ 236 


462 

Armilustriuni*7. *" " “ ° 9 °’ 

377 
271 
267 

Arx.;;;;. 457 > 4 g? 

~~ Tarpeia .* .*.’ .*! *.'*.***“ of 

a> saw . 


-■ium. 

Army, Constitution of ' ’ 
Arra. ‘ ** 

Arrogatio .’.7.7.7.117 *198 
Artemon. ’ -8 ’ 


Auspex. 7 .;;;;; 

I Auspicia.. . 

—-—— m connection with 

Comitia ••••»..,,, . Ill 

Maiora. 434 

~—;-Minora. 734 

Authenticae (Constituti- 

ones). 243 

A^iha.. 

Auxiliares. gjo 

Auxilium Tribunicium. 142 

Aventmus, Mons....... 2 3*2 

Avk!'”::;.••• 325 

Axamenta.’..’.’ 

Axicia .... 


(coin).. 

applied to measures of 
capacity. 

a PI )b cd to measures of 
surface. 


412 

411 

410 


.329 

»• • • • 333 
* • ••# 4o5 

Bacchanalia. o 0 a 

Bail..*. 

Balinea—Balnea„...'.7.** 4.35 
Bahneum-—Babieum^.... 
Balistae. * 

Baptisterium.::::::.Iff 

Basilica of St. Peter.. 49 

-Aemilia.7 49 

Constantiniana.... 31 
I* ill via ........... 29 

Iulia.. 20 

Neptuni....‘ 47 

Opimia.. 79 

-— Paulli.| 

-Porcia.7 49 

-- Sempronia...' 49 

-Traiani. ’ 99 

- Ulpk. *** 90 

Basilicae. 

BeUona ~*.319 


























































































































































































t» Page 

Bes s. Bessis. 493 

Bestiarii. 3C0 

Bestii3 obiicere. 311 

Betrothment. 423 

Bibliotheca. 434 

- Octaviae. 45 

~--- Ulpia. 23 

Bigani. 3 50 

B|gae.. 

Bigati... 415 

Bmae Centesimae. 4^0 

Biremes. 495 

Bissextum. \ 364 

Bombyx.. 457 

Bona Dea.*.[ 319 

Bona Vi rapta. 273 , 274 

Bonus Eventus,. 320 

Books. 461 , 462 

Book-binding.461, 462 

Bntannicus. 211 

Bridges.* "50 

Bruma. 493 

Bulla. 340 , 421 

Business in Coniitia Cen- 

turiata. 120 

--— Curiata. 117 

•-Tributa. 124 

Bustum.. 

Buxus.443 

Byssus.. 457 


INDEX. 

Capitale Crimen. *33 

Capite Censi.70, 378, 385 

Capitis Deminutio. 33 

-- Sacratio. 309 

Capitolinus, Mons. 25 

Capitolium. 25 

Vetus.. 33 


£ —.10S, 299 

Cadi.. 

Coena Auguralis. 330 

Caerites. 82 

Caesar, as a title. 207 

Calamus. 459 

Calamistrum.” 455 

Calantica.. 456 

Calare.127, 128 

Calatores. 127 

Calcatorium.438 

Calcei.450, 454 

Calices Gemmati. 443 

Calceus Senatorius. 221 

Calculi. 422 

Caldarium. 434 , 435 

Caiendae.363, 368 

Calendar, the.362, 376 

Calendaria. 270 

Calices. 443 

Caliga.401 

Caligula.402 

Calumnia,. 314 

Calx. 348 

Camenae.323 

Camillus.341, 424 

Campagna di Roma.. 1 

Campus Agrippae. 43 

--- Esquilinus. 37 

-——— Flaminius. 43 

-Martialis. 35 

Martius. 1 , 42, 46 

Sceleratus.38, 335 


Capsae.. 

Capsarii.422 

Capulus.426 

Caput (money).419 

-- Sacrae Viae.! 21 

-- (Political). 83 

- Tralaticium. 243 

Carbasa.404 

Carbasus.457 

Career. 310 

- Lautumiarum. 3 

-Mamertinus. 28 

Carceres.343, 349 

Oarchesium.403 

Carenum.439 

Carina.403 

Carinae.!'.’.‘.‘.‘.2, 36 

Cannenta—Carmentalia.... 323 

Carpere Lanam.457 

Carptor.. 

Casa Romuli. 29 

Casus Venerius ..444 

Castella„. 93 

Castello di S. Aiigelo. 49 

Castor. 321 

Castra .396, 399 

Praetoria. 389 


Candidates for the higher 

magistracies.176—179 

Candidati.177 

-- Principis, s. Im- 

peratoris, s. Caesaris, s. 

Augusti,. 164, 169 

Canis (in dice).444 

Canthari.444 

Capere.334, 336 

Capillatus. 455 

Capita aut Navia .444 


Cataphracti.385 

Catapultae.400 

Catasta. 93 

Catellae.* 457 

Catervarii." 360 

Cati Eons. 43 

Causa Capitalis. 33 

Causae Coniectio.. 281 

-Collectio.?.. 281 

Causia. 358 , 450 

Causidicus.313 

Cavaedium. 463 

Cavalry of the Legion. 384 

Cavea.353 

Cedere. 258 

Celeres. 72 

Celia.325 

-Frigidaria.434 

-Ostiarii.463 

-Penuaria. 465 

Vinaria. 438 , 465 


47 3 

Centuriae. 382 , 3S4, P 3«5 

— -Cornicinum. 70 

-- Equitum. 71 

-Fabrum. 70 

--- Iuniorurn. 69 

- lure Vocatae. 119 

-- Primo Vocatae.. 119 

— -- Seniorum. 96 

(of Servius). 69 


Centuriam Conticere. 173 

Centuries and Tribes in¬ 
corporated . 120 

Centuriones.332 386 

Centussis.],408 

Cera Prima. .460 

Ceres—Cerealia.. . 318 , 319 * 320 , 

n 1 347 

Ceroliensis,. 3’ 35 

Ceruchi.” ;’ 4 o5 

Cerussa..' 457 

Cessio (In lure). 258 

Chaplets...444 

Charta.. 

-Augusta.459 

- Claudia.459 

- Emporetica.459 

— Hieratica.459 

Liviana.459 


Chelys . 449 

Choraula.449 

Chordae.' 449 

Chorus.. ” 354 

Church of S. Balbina. 32 

of S. Giovanni 


m 


Laterano. 3.5 


of S. 
of 


Lorenzo. 33 

S. Maria 


in 


Araceli. 25 

-- of S. Maria Liber- 

atrice... 45 

-of S. Maria degli 

Angeli. 33 

-of S. Maria Mag- 

giore. 73 

-of S. .Maria ad Mar- 


tyres 


Cenotaphinm. 427 

Censere—Censeri. 167 

Censio. 167 

Censor Perpetuus. 171 

-(as an imperial 

title,).171, 205 

Censores .164—171 

Censoriae Leges.170, 272 

Censum agerc, habere, &c. 166 

Census. 166 

- Senatorius. 215 

- Equester..72, 74, 215 

Centesima Rerum Venali- 

um.237 

Centesimatio.396 

Centumviri.276 

Centumvirale Iudicium.277 

Centumviralis Hasta. 277 

Centuria (Land-measure) 410 
-Praerogativa..ll9 122 


coli. 


of S. Maria del Sole . 
■ of S. Maria Egiziaca. 
of S. Pietro in Vin- 


47 
. 42 
42 

. 36 

--of S. Sabba..* 32 

-of S. Stefano delle 

Cairozze. 42 

Ciboria. 443 

Cinerarii. 453 

Cinctus... 452 , 455 

- Gabinus. 4 ’ 452 

Cingula. 452 

Cingulum.423, 452* 455 

Cinitlones,. 45 g 

Cippi Pomoeri. 4 

Circumvallare. 401 

Circumvallatio. 401 

Circus Agonalis. 43 

-Flaminius.42, 43, 348 

-Maximus.3, 39 , 347 

-Neronis. 343 

-(General form). 347 

Cispius, Mons. 2 , 36 

Cistae S. Cistellae. 108 

Citatio. 295 

Cithara. 449 

Cities on the Seven Hills 
older than Rome,. 5 

















































































































































































































































474 


INDEX. 


City of Romulus. 


Page 

. 5 

— in the Age of Augustus, 9 

Cives Fact!. 81 

- Nati... 81 

- Optimo lure. 81 

- Romanae. 81 

- Romani. 79 

Civil Suits, .275—284 

— --•, Parties. 277 

— -, Form of Process 279 


lure. 


Proceedings in 


Proceeding in 


280 


Iudicio. 281 

Civitas..7! 81 

— 7 -— sine Suffragio. 82 

Civitates Foederatae. 190 

-Immunes. 190 

— - Liberae.190, 192 

Clamor Supremus.. 425 

Clarigatio. 332 

Classes of Servius. 69 

Classiarii. 406 

Classici...'.71, 406 

Chassis.69, 406 

Claustra.. 348 

Clavus,.*77. 404 

-Angustus. 75 

- Latus.. 75 

Clepsydrae. 429 

Clientela..7!!! 63 

Clientes,.."777 63 

——-of later times. 66 

Clivus Capitolinus. 27 

— -- Publicius. 33 

■-Sacer.. 21 

--Urbius.. 77 . 3 

-- Victoriae. 30 

Cloaca Maxima.. 3 , 58 

Cloacina. jjg 

Cloacinae Sacrum. 17 

Clypeus. 69 

— -(in the bath). 434 

Coae Vestes. 457 

Cochlearia. 777 442 

Cod. 437 

Codeta Maior. 49 

• -- Minor. 49 

Codex Gregorianus...,. 245 

• -Hermogenianus. 245 

■-Pistinianus.. 246 

• -;— Theodosianus.245 

Codices s. Codicilli. 460 


——- Expensi et Accepti 270 
Goehus Minor. 34 

- Mons..7 34 

Coeliolus.. 34 

Coemptionator. ........ 252 

Coena.. 

-Aditialis.' 330 

-— (Arrangements) .... 441 

--Feralis. 427 

--Funeris. 427 

-Nuptialis. 424 

Coemptio. 251 

Cognati..77.77.777 265 

Cognatio.265, 267 

Cogmtor.277, 280 

Cognomen. 

Cohors..384,"385, 386 

—-—- Praetoria.189, 389 

Cohortes Alariae. 335 

•-- Urbanae. 390 

-Yigilum. 390 

Coins.. 


Coitio. J 78 

Colare (Vinum). 439 

Collection of the Revenue 238 

Collis Quirinalis.. 38 

Collega Consulis.153, 184 

-in the Empire. 211 

Collegia Sacerdotum. 326 

Collegium Tribunorum. 141 

Collis Agonus. 38 

- Dianae. 32 

- Hortulorum. 2 , 38 

-- Quirinalis. 2 , 38 

-- Viminalis. 2 37 

Coloniae... 88 ’ 90 

--in the Provinces, 190 

—-Civium Roman- 

• 89 

Eatinae. 89 

Maritimae. 89 

Militares. 90 


orum. 


Colosseum.* 7 .' ’ 36 

Colum Yinarium. 439 

Columbarium.427 

Columna Antoniniana. 48 

-Bellica. 44 

-Maenia... 17 

-- Rostrata.. 17 

- Traiani. 23 

Columnae.4^2 

Coius.;;;;;;; 4 5 $ 

Comitia. 7 7.7 . 104^-130 

—--1 abrupt termina¬ 
tion of. 224 

■ -— Aedilicia — Censo- 
na — Consularia — Prae¬ 


toria, &c . 206 

-- (Auspicia),. 211 

- Calata.105, 127 

- Centuriata.105, 118, 

123 

- Ciiriata....l05, 115—118 

-■, different kinds of.. 105 

-•, Hour of Meeting... 114 

- (in general) ...104—115 

-, Manner of Voting. 107 

-, Notice of.. 213 

~ '1 Presiding Magis- 

trate -".106, 107 

-, Quorum. 210 

-Tributa.105, 123—127 

- under the Empire.. 

128—130 


_ Page 

ConcubiaNox. 429 

Concubina. 250 

Concubinatus. 250 

Condemnatio. 281 

Condemno..,.108, 299 

Condere Lustrum . .....170, 375 

Conditio. 423 

Condition of Slaves.77* 95 

Conducere.170, 271, 272 

Conductor.. 272 

Confarreatio...7 251 

Congiarium.. 411 

Congius. 421 

Connubium... 152 * 250 

Conquisitio. 330 

Conquisitores. 380 

Consanguinei... 264 

Consecration of the Emper- 

_ ors . 210 

Gonserere Manum. 283 

Consilium.289, 291 

--Principis. 223 

Consobrini. 267 

Constitution of Servius....’.'.' 69 
Constitutions Principum 245 

Consul sine Collega. 133 

Consulates Potestas.. 205 

—-Exercitus.. 387 

Consulatum Continuare.... 182 

Consules. 132—140 

-Designati. 139 

-- Honorarii. 139 

-- Minores. 139 

-- Ordinarii.133, 138 

Suffecti.133, 138 


Comitialis Morbus. 114 

Comitiatus. 77 104 

—-Maximus 118, 286, 

287 

Comitium ..12—16, 116, 280 

Commissatio. 433 

Commoda.7777 391 

Commodatum.’! 269 

Communi dividundo For¬ 
mula . 259 

Comperendinatio. 280 , 299 

Compitalia.’ 

Compluvium.. 4^4 

Compotatio. 7 . 7 . 7 ’ 444 

Computation of Money. 417 

Conciliabula... . 

Concamerata Sudatio. 434 

Concilium. 205 

7r~. - P1 ebis..7.77.7' 123 

£ onc ?°.v..104, 105 

Concionari. 205 

Condones..7777.104, 105 

Conclamatus. 405 


Consulship under the Em-’ 

^ P ire .138, 205 

Gonsus—Consualia.323, 346 

Contemplari. 325 

Conticinium.77 429 

Contubemium. 95 250 

Conventio . 205 

—--in Manum. 251 

Conventus. 288 

Convivium Publicum. 345 

Cooptatio 118,142, 326, 329, 337 

Copper Coinage. 412 

Corbes. .7 438 

Cornu.. 

C°mua. 404^ 461 

Cornus. 29 

Corollae.7777777 444 

Corollarium. 44.5 447 

Corona Castrensis.’ 395 

- Cingere.. 400 

- Civica. 39,5 

- Muralis.7* 395 

- Navalis.7! 395 

-- Obsidionalis. 395 

— - Rostrata. 395 

-- Vallaris. 395 

Coronae. 395 , 444 

Aegyptiae... 445 

Hibernae. 445 

-Pactiles. 445 

— -— Plectiles.] 445 

-Sutiles. 445 

Corpus Iuris Civilis..*." 246 

C 01 t«r x ..' 438 

Com. 407 

Coryphaeus. "" qr. 

Costae. . iM 

Cothurnus. . . or/. 

Cotoriae. . 90 . 

Cotyla . 77777 . 411 






































































































































































































































































































INDEX. 


Page 

Creditor..268 

Crepida.454 

Crepusculum .429 

Creta.348 

Cretifodinae.234 

Criminal Jurisdiction of the 

Kings.284 

-of the Senate. 286 

■ -- of the Comitia. 287 

■ -of Quaesitores. 2S8 

Criminal Trials. 284—315 

Crimen Capitale. 83 

- de Residuis. 308 

Crotala.449 

Cruralia... 453 

Crustae. 443 

Cubicula.. 465 

Cubital. 454 

Cubitus..;.. 409 

Cucullus...450 

Culeus... 411 

Culina...465 

Culter....343, 455 

Cultrarii... 341 

Cululli.443 

Cumerus.424 

Cunei.354, 356 

Cuniculi.400 

Cupae...438 

Cupra. 317 

Curatores.255, 256 

-- Annonae.157, 158 

-- Ludonim solen- 

nium.157, 159 

-- Regionum. 201 

- Urbis. 157, 201 

-- Viarum. 201 

Curia Calabra s. Kalabra 26,128 

--Hostilia. 14 

-Iulia. 15 

-Octaviae. 45 

-Pompeii. 44 

-Saliorum. 29 

Curiae. 61 

-Yeteres.. 29 

Curiales. 61 

Curio Maximus.61, 116, 332 

Curiones.61, 332 

Curricula. 349 

Cursus.350, 432 

Curulis Sella. 67 

Custodes.109, 399 

Custodia Libera. 310 

Custodiae. 399 

Customhouse dues.235 

Custos Urbis.132, 171 

Cyathus.411, 442 

Cybele. 323 

Cymbala.449 

Cypress wood.462 

Dactyliotheca. 455 

Damnum Iniuria datum, 273, 

274 

Dare Actionem.276, 280 

-Facere Praestare.268 

- Iudices. 276 

- Praedes Litis et Vin- 

diciarum. 282 

Datatim Ludere.433 

Dating, Method of..363 

Day, Divisions of..428 

Days, Classification of..365 

Decedere de Via.. 180 

December..362, 367 


Page 

Decempeda.409 

Decemviri Sacrorum. 330 

-Legibus Scri- 

bendis.150—152 

-Stlitibus iudi- 

candis.197, 276 

D ecima Manumissionum... 236 

Decimatio. 396 

Decreta Principum. 245 

- Augurum.329 

Decretum Praetoris. 283 

---Ultimum.149, 216 

Decumae.233 

Decumani. 238 

Decuria. 384 

Decuriae Apparitorum. 199 

-Iudicum,.293, 294 

- Scribarum. 199 

- of Slaves. 97 

Decuriare populum. 178 

Decurio.61, 71, 384 

Decussis.....408 

Deditio Noxae.310 

Deducere nubentem.424 

Deductores—Deducere. 178 

Defaecare (Vinum).439 

Deferre Nomen. 295 

Defrutum. 439 

Delatores. 295 

Delectus.379 

Delibare. 343 

Delphini.348, 350 

Delubrum. 325 

Delator. 268 

Demensum. 99 

Deminutio Capitis. 83 

Denarius.415 

- Aureus. 417 

Denuntiare Testimonium.. 297 

Deportatio. 84 

Depositum. 269 

Desultores. 349 

Designati (Magistratus).... 179 

Designator. 425 

Detergere.406 

Detestatio Sacrorum. 128 

Deunx.408 

Deus, as a title of the Em¬ 
perors.. 209 

Dextans..408 

Dextera Ala.387 

Dials. 429 

Diana.. 318 

Diarium. 99 

Dicere Dictatorem. 146 

-Ius. 276 

Dictata.422 

Dictator..146—149 

-.-abolition of the 

office. 149 

Diem dicere. 288 

Diespiter. 317 

Dies Atri.366 

- Bissextus. 364 

-' Comitiales.114, 366 

- Fasti.244, 276, 280, 365 

-Nefasti. 365 

-Intercisi....365 

-- Festi.346, 365 

-Profesti.365 

-Lustricus.421 

Diffarreatio. 252 

Diffundere (Vinum). 438 

j Digesta. 246 

| Digitus.409 


475 


Pago 

Dignitas—Dignitates. 181 

Dignitates Tribunitiae. 140 

Dii Cabiri. 321 

— Consentes.317, 319 

— Indigetes. 322 

— Novensiles.321 

— Selecti. 320 

Dimachaeri.360 

Diptyclii.460 

Dirae.323 

Diribitores. 108 

Diribitorium. 46 

Dis Pater..321 

Discessio. 219 

Disci Iactus.. 350 

Discidium. 252 

Discumbere Mensae.440 

Discus...432 

Ditis.321 

Dius Fidius..322 

Diva Triformis.318 

-Palatua. 323 

Divinatio.295, 328 

Divisores.108, 179 

Divorce. 252 

Divortium... 252 

Divus, applied to the Em¬ 
perors. 209 

Do, Dico, Addico. 276 

Dodrans. 408 

Dolabra. 343 

Dolia... 438 

Doliola. 39 

Dolon.404 

Domestic Gods.321 

Dominium. 257 

-Legitimum. 257 

-Quiritarium. 251 

Dominus et Deus. 210 

Dominus, as a title of the 

Emperors. 209 

Dominus.95, 101 

Domitianus (Mensis). 363 

Domus Agrippae. 30 

- M. Antonii. 30 

- Aquilli.. 38 

- Aurea. 30 

- Catilinae. 80 

- Ciceronis. 30 

- Crassi. 30 

- Fulvii Flacci. 29 

- Hortensii. 30 

- Lateranorum. 35 

- Livii Drusi. 30 

- Mamurrae. 35 

- Messalae. 30 

--— Pompeii M. 36 

——— Pomponii Attici. 38 

- M. Scauri. 30 

- Tarquinii Prisci. 29 

- Tiberiana. 30 

- Transitoria. 30 

—- Tulli Hostilii. 35 

- Vacci. 29 

- (Aedes Privatae)... 162 

Donaria.339 

Donativum.411 

Dormitoria.465 

Dos. 253 

-Adventitia.253, 254 

-Profectitia.253, 254 

-Receptitia. 254 

Dotalia pacta. 253 

Dowry, Law of..253, 254 

Drachma.409 
















































































































































































































































































476 


INDEX, 


Drama, Roman. P qfo 

Dress of Men.. tiZ 

of Women.7777! 4,55 

Drinking Customs. 442 

-- Vessels. 440 

Ducere Uxorem. 494 

Duode vicesimani...’7 . .. 

D upon dius. 

Duplicatio.' ’ '"' _ 

Duumviri Perduellionis.... 160 

Sacrorum. 330 

T-Viis extra Ur- 

bem purgandis. 497 


408 

381 

408 

280 


392 

33 


Edere Actionem. ooq 

Editio Judicum. 290 

Spectaculi ..349,166; 361 

Edicta Magistratuum. 243 

‘ Praetorum. ’ 243 

—— Pnncipum. 24 .-, 

Edictum Perpetuum. 243 

—- Repentinum. 243 

Education. ^ 

Egeriae Vallis.....*.’. 7, 

Elaiothesium. . 4 ql 

Elementa. f™ 

Emblemata. 7777 ! . 44.3 

Emporium. . 4 

Emperors, The, and‘their ’ 
litles. 20 k >_ 919 

Emptio et Venditio.77 “ 071 

Encampments. . 

Endromis.. 

Epibatae. .7™ 

Epidromos..’.7.7.1"‘’ ifi? 

Epithalamium. . 494 

Epulae—Epulum . 344 

Epulones.oTT 

Epulum Iovis 31 7,’344 "345 441 
Equestrian Order under 
tne Emperors. 

EoilPStoi* . 

..349 

. 349 

•35, 319, 346 
. 378 

Equiti Equum adimere. 169 

Equites, Choosing of. 73 

H uo Privato ...71, 73 

Equo publico. 71 

--IUustres.76. 223 

Insignia of.. 7 

t_r • _ 


ExSoitii.;;;;;;;; 347 ’ & I Feria ° conceptivae.. 

Exaugurare. . 337 

Exceptio. 777". 90 A 

Exercitus Urbanus.... 121 

Excubiae. uqq 

Exedrae.. 

Exercises.. To 9 

Exercitationes ...777777“ 432 

Expeditae Cohortes ... 3,36 

Expediti Milites.. ” C 

Expulsim Ludere. 433 

Expensi Latio. 270 273 

Expensum ferre, <fec. * 270 

Expugnatio.7 399 


Page 

— Imperativae. 365 

— Eatinae ....171, 317, 346 

— Pnvatae. 365 

Publicae . 365 

— bementivae. 319 

Mativae.365 


Exsequiae. 405 

Extispices.77777777 331 

Extraordinary. 385 , 398 

Fabii s. Fabiani 9 n ~ 

Fabulae... .. ;.fjg 

Facinus Capitale 7 7 ‘m 

Factio Albata,......•• 359 

-—- Aurata ... 

—■—- Prasina.... 

--Purpurea. . 

-’ Eussata. 350 

- TM eta -. 3 50 

Factiones Circi 9 


281 

449 


350 

350 

250 


Equester Ordo..... 
Equi Desultorii.... 
—— Singulares.... 

Equiria. 

Equitatus. 

Equitatio 


~ dumber in Legion 381 

(I ublicani). 238 

— Ordo Equester ...” 71 
Rise and progress 71 

-x Splendidi. 79 

Equitum Probatio.... 73 

--- ... . 


FactionariL...;:: Hi 

Familia Rustica... 

Fagutal. 

raiacer Pater.... 

Fa . Iae . 

Falsum. 

Familia of Sla7es7.777.71 94 

Familia Urbana. 

Famosi Libelli..71. 07 I 

Famulus. T? 

Fanaticus. ..77.oof 

Fanum.. 


380 

. 97 

....8, 37 
.... 323 
.348, 350 
307 


Feronia. . 093 

Festa Stultorum .*.* .*.’.‘.’ .*.* .*.* 322 

4 estuca. oao 

mfcy.v .7 777 ? S 

Fimbiiatae Tunicae. 452 

bicus Ruminalis. 13 29 

Fidepromissores ’ ’ ’ 
Fides. 

.S 

Fila. 

Fiscinae.., 

Fiscus.... 

Fistula. 

Flamen Curialis. 

- Dialis. 

-- Martialis. 

“-r Quirinalis. 

Flamines. 

Flaminica .;;;;; .n 

Fammeum. 

rtaS&lV" 28 ^ S72 - 244 

Flora—Floralia 


405 
.... 449 
.... 438 
155, 192 
449 
61 
332 
332 
332 

332 

333 
424 


72 

-320, 346, 347 


Fasces. 


Recog 
Transvectio 


Equo Publico merere. 72 

Equus October... ” JZ 

~— Pubiicus ..7.77. 79 

Erciscundae Familiae For-’ 

Ergastulum. "* “77 

Emptio.77-- 

Eruptiones. 

Esquiliae.7. 

Esquilinus Mons.7' 

Essedarii. 


324 

Far!.!' 1 . 1 .".!.. 324 > J 25 

Farina ---.777777323, 437 

Farreus Panis.. 9^, 

. .... 324 

c , _ 134, 135 

— submittere. jcn 

Fasciae s. Fasciolae.... 450 

Fasti. " 

Calendares .7" 1 367 

-Capitolini. . HI 

Si 

Fatua. . 


454 


464 

234 

447 


Fatum , 


319 


251 
.. 401 
•2, 36 
.2, 36 
360 


Etruscum Aurum .77 421 


Fauces. 324 

FaX0“" a - ¥ « *f 

Fax Prima. 7777 * 499 

Febmarius..302 ana* q/. a 

Felix, as a title!.... ’ Ho 

Feminalia. 4V0 

Feneratores......... 452 ’ ffo 

Fenus. 777* gs 

.•'<» 

Ferctum.. oTq 

Fercula.. ..0V9 ° 4 , 

Ferentarii.!. U'ttl 

Feretmm.. f 3 

ue .346 


. 

Foe, peneMes. 464 

Fodinae. 

Foliatum. 

Follis s. Folliculus. 433 

Folium. 44I 

Fora... Is 

■-in general. 11 

-— of the Empire.....’ 
foreign Deities.. 

Formae Literamm .77. 499 

Formula Censendi.fS? 

Formula Petitoria .... 283 

Formulae. . 2 77 , 278 

“ in lus conceptae’ 279 
Factum 


22 

323 


in 


con- 


22 
.3,23 
. 43 
30 


_ ceptae. 27q 

Fornax—Fomacalia ... “ 399 
Fornix Fabianus. “ TS 

loruli. “’409 

Forum August! ... 77777 * 3 2 > 

- Iulium. ••••4,39 

-Nei-vae. 

— Olitorium ... 

—- Pacis.. 

— Palladium..’ 23 

— Pervimn..*.’ ’ 93 

— Romanmn .. ..3, ii_ 2 1 

— Romanum, Plan .. Jo 

— Traiani.. 23 

— Transitorium... ’ 93 

FossT..!?!^ 1 .••• . 30 

Founding a City, c6m6mm ^ 

ies. . . 

Fratres Arvales ..***’ ***’ oo? 

Patmeles.... 9^7 

—- Pileati .. Hi 

1*1 frir?o-ni^.s-« ' V* * 


igidarium. .*.*.*.4 


34, 435 































































































































































INDEX, 


Fritillus. 443 

Frontes.."* 4 <;i 

Fructus. 9 *)g 

Frumentarii.” i 58 

Frumentum in Cellam .... 1 S 9 

Fullones. 457 

Fumanum.. 

Fundi, Populi. 99 

Funditores.378, 386 

I uneral Rites. 425 

Funes.j 404 

Funus Censorium. 427 

-Indictivum.427 

—-Publicum. 427 

Fur Manifestus. 273 

Furcifer.. loo 

Furiae. 323 

Furti per Lancem et Lici- 

urn Conceptio. 273 

Furtum — Furtum Mani- 
festum — Furtum nec 

Manifestum. 273 

Fustuarium. 3 % 

Gabinus Cinctus. 452 

Gaesa. 333 

Gal ea.69, 384 

Galerus. 456 

Gallicus Tumultus. 380 

Gallicinium. 429 

Games of Chance. 443 

Games Sacred, Classifica¬ 
tion-;. 346 

Gates ot the Servian City.. 

Gausape. 442 

Germalus.2, 13, 29 

Gemoniae Scalae. 28 

Gener.. 267 

Genius. 321 

Gens Togata.450 

Gentes. 61 

Gentiles.61, 264 

Gentilitia Sacra. 117 

Germanicus. 210 

-(Mensis) .... 363 

Glarea Stemere. 53 

Gladius.384 

Gladiators..358—361 

Glos. 267 

Gods worshipped by the 

Romans.316—324 

Gold Coinage.417 

Gossipium. 457 

Gradus.353, 354, 356, 409 

- Aurelii. 17 

- Cognationis, Table 266 

Gradivus. 319 

Graecostasis. 14 

- Imperii. 20 

Graecostadium. 20 

Grammaticus..422 

Grammatistes..422 

Graphium.460 

Gratulatio.338 

Gregorian Calendar.. 373 

Gremium. 53 

Gubemator..406 

Gubemaculum.404 

Gustus s. Gustatio.441 

Guttus.*.343 

Gymnasia. 433 

Habet.361 

Halteres.432 

Harpagones.407 


Haruspices.. 331 

Haruspicina. 331 

Hasta. 383 

-Coelibaris.424 

--- a symbol of Domini¬ 
um . 277 

Hastae Velitares. 384 

Hastati.382, 383, 384, 388 

Hebdomas. 305 

Heirs. 26 i 

-Classification of.... 261 

Hemicyclia.. 455 

Hemina. 411 

Hera ..i" 317 

Hercules.. 322 

-- Romanus. 210 

Heres Institutus. 261 

Heredes Extranei.261, 262 

— -Necessarii. 261 

-Sui.261 

— -Scripti. 263 

Heredium. 410 

Hereditatem Cernere—Adire 

TT- x ~ 26 1 

High Roads.. 52 

Hister s. Histrio.352, 356 

Hoc Habet. 361 

Holy Places. 324 

Holy Things.. 324 

Homicidium. 304 

Honorem gerere. 17 _ 

Honore deiicere. 178 

Honores.. 172 

Hoplomachi. 360 

Hora.. 

Horaria. 429 

Horreum . 433 

Horologia. 429 

Horta. 323 

Horti Agrippinae. 49 

Caesaris.. • •. 49 

Domitiae. 49 


- Luculliani .... 


- Maecenatiani. 


- Neronis. 


- Sallustiani.... 


Hostiae. 


Hospes. 


-- Publicus_ 


Hospitium. 


Hostiae Iniuges. 


- Lactentes .. 


- Maiores .... 


Hostis. 


Houses. 


Hydraula. 


Hymenaeus. 


Hypocaustum. 


Iactus Venerius. 


Iaculatio. 


Iaculatores. 


Iana. 


Iani. 


Ianiculum. 


Ianitor. 


Ianua. 

. AM 

Ianuarius.362. 368. 369 



- Bifrons. 


- Geminus. 


- Imus. 


- Medius. 


- Quadrifrons.... 

...38, 41 

- Quirinus . 



477 

x „ Pa^e 

Ianus Summus. 17 

Iduare. 369 

Jtlus.363, 368 

Ientaculum. 436 

Ignobiles.67 

Ignominia.84, 169 

Ilicet. 342 

Imperator. 202 

Imperium.117, 134, 1 S 1 

-Maius. 184 

— -Minus.184 

— -Proconsular of 

the Emperors.. 205 

of Proconsuls 


and Propraetors.. 183 

Impluvium . 464 

Imus (Lectus).440 

Inaugurate.326, 329, 337 

Inaures. 457 

Incendium. 304 

Index. 469 

Ind.getes. 322 

Ir.ducere Locationem. 239 

Indusium. 452 

Indutus. 453 

Infamia. 84 

Infancy. 421 

Infantry of the Legion ..381 

Inferiae.342, 428 

Inferior Magistrates,.. 195, 200 

Infima Nova Via. 22 

Infra Classem. 71 

Infula. 341 

Ingenui. 80 

Inheritance, Division of .. 262 

Iniuria. 273 

In lure Cessio. 258 

Inlicium Vocare. 105 

In Ordinem cogi. 181 

Inscriptio. 295 

Insigne.405 

Insignia of Aediles. 156 

-Augurs. 329 

-- Censors.166 

-Consuls.137 

-Dictator. 149 

-Flamines. 333 

- Kings.. 132 

-- Praetors. 154 

-Quaestors. 163 

-Senators. 221 

-Tribuni Militum 

Consulari Potestate. 153 

Tribuni Plebis.. 415 


Instita. 456 

Institor. 431 

Institutiones of Gaius. 246 

Iustinian.... 246 


Insula. 463 

Lycaonia. 48 

Tiberina.2, 46, 48 

Insularius. 463 

Intempesta Nox.429 

Intentio. 280 

Inter Caesa et Porrecta.... 342 

Inter duos Lucos.. 25 

Inter duos Pontes. 48 

Intercalation of Julian 

Year.364 

of Lunar Year 370 


Intercedere.141 

Interdictum Exhibitorium 
— Prohibitorium — Res- 

titutorium. 283 

uterest of Money.419 



















































































































































































































































473 


INDEX, 


Page 

Intercessio. 142 

--Collegae. 221 

Interpretes. 179 

Interrex.131,136 

Interrogatio. 295 

Intervallum.396 

Intestate, Law of Succes¬ 
sion. 263 

Intonsus. 455 

Intusium.452 

Inuus. 322 

Involucre. 455 

Iovino.317 

Iovis.317, 319 

Irrogare Poenam. 288 

Iseum. 47 

Isis... 323 

Isola di S. Bartolomeo. 48 

Italia (Provincia) . 193 

Iter. 256 

Iudex. 276 

- Quaestionis.291, 292, 294 

- Tutelaris. 155 

Judges in Civil Suits. 275 

Iudicia.275, 293 

- Privata.275—284 

-Publica.284—315 

Iudices. 133 

-Edititii.297, 309 

-- in Civil Suits.270 

-- in Criminal Trials.. 291 

-- in the Quaestiones 

Perpetuae.292—294 

Select!. 294 


Iudieis Datio. 280 

-Postulatio.278 

Iudicium Acceptum.280 

--Capitis. 83 

-- Desertum. 281 

— -- Hastae. 277 

— - Ordinatum. 281 

-—;- Proferre. 281 

Iudicum Decuriae.294 

-- Editio.296 

•- Reiectio.296 

-- Sortitio.296 

■ - Subsortitio. 296 

luga. 403 

Iugerum. 410 

Iugmn. . 

Julian Era. 364 

r—— Year.362 

Iulius (Mensis).362 

Iunius (Mensis).362, 367 

I* *™.. 

Iupiter.. 

■ - Hospitalis. 86 

-- Indiges. 322 

Latiaris. 394 


T _. Page 

lus Civile.242, 245 

-Civitatis. 80 

■— Commercii. 81 

—- Connubii.81, 250 

— Consuetudinis.243 

—• Flavianum. 244 

—- Gentilitium.264 

— Gentium...242 

— Honorum. 81 

— Honorarium. 243 

— Imaginum. 67 

— Intercessionis.142 

—■ Latii. 87 

—- Naturale.242 

—• non Scriptum.243 

— Postliminii. 83 

—- Praetorium. 243 

—- Provocations.81, 285 

— Quiritium. 81 

—■ Sacrum. 328 

—■ Suffragii. 81 

— tertiae, quartae, &c. 

Relations.223 

Iusta facere. 427 

Iustus Equitatus. 384 

Iuturnae Lacus. 18 

kings.131, 132 

Labrum. 434 

Lacerna.. 454 

Laconicum. 434 

Lacus Iuturnae. 18 

- Servilius. 20 

Torcularius. 438 


Page 

Legacies, different modes 

of bequeathing,. 262 

Legare per Damnationem 263 

- per Praeceptionem 263 

- per Vindicationem 262 

Sinendi Modo. 262 


Legata. 262 

! Legatarii. 262 

Legati. 186, 187, 387 

-Caesars s. Augusti 192 

Legatio Libera.222 

Legem Abrogare—Ferre, 

&c. 107 

Leges Agrariae.225—231 

- Censoriae.169, 239 

-- Centuriatae_ 120 , 243 

-- Curiatae ....116, 128, 243 

- Iudiciariae. 291 

■- Regiae.242 

-- Sacratae.141,309 

- Tabellariae. 108 

-- Tributae.125, 243 

•-- XII. Tabularum 151, 242 

Regio.380—387 

Classica. 406 


Iura Publica. 80 

- Privata. 80 

r— in Re. 257 

Iurare in Acta Principis .. 222 

Iurati. 297 

Iuris-Auctores . 244 

-Consulti. 244 

-Periti. 244 

-Peritorum Auctori- 

tas. 244 

Iursidictio . \\\ 275 

-inter Cives....’! 153 

--- Peregrinos. 153 

m W.. 241 

■— Aelianum.244 

— Augurium.. 329 


Raena.333, 454 

Ragenae. 438 

Lala. 318 

Lances.344 

Lanista. 359 

Lapicidinae.] 234 

Lapis Alabastrites.446 

- Manalis. 34 

Laquearii. 300 

Lara—Larunda—Larentia 323 

Lararium. 455 

Larentaha...' 323 

Lares. 321 

' Praestites. 321 

Ratini.80, 87, 250 

-Iuniani. 103 

Latinitas. 87 

Latinum Nomen. 94 

Latio Accepti.270, 273 

~—7 Rxpensi.270,273 

Latium—Latio donari .... 87 

Latus Clavus. 75 

Latrina. 455 

Latrones.” 444 

Latrunculi.444 

Laudatio Funebris.426 

:- Solemnis.. 426 

Laudatores. 297 

Lauretum.] * * 32 

Lautumiae.3 

Lautolae.!!" * 21 

Laws of the Twelve Tabies 151, 

242 

Laverna. 323 

Lectisternium. 344 

Recti Tricliniares.440 

Lectio Senatus. 213 

Lectus Funebris.425 

Lectus Genialis..425, 464 


Legionarii. 380 

Legiones.378, 380 

Legis Actiones.244, 277 

-per Iudieis 

Postulationem. 278 

per Manus 


Iniectionem. 278 

-perPignoris 

Captionem. 278 

•Sacramento 278 


Lemures—Lemuria. 323 

Lemnisci. 445 

Letters.461 

Levir. 267 

Levis Armatura. 386 

Levying Soldiers. 379 

Lex. 106 

-Acilia de Repetundis 307 

•-Acilia Calpurnia de 

Ambitu. 308 

-Aelia s. Aelia et Fufia il3 

-Aelia Sentia.. 102 

-Aebutia de Formulis 278 

-Aemilia.165, 186 

-Annua.243 

-Antonia Iudiciaria.... 293 

-Appuleia Agraria.... 231 

-Appuleia de Maiestate 

302 

-Aqmllia.95, 186, 274 

-Atia. 326 , 329 

■ -Atilia. 255 

-Atinia.. ’ 143 

-Aternia Tarpeia....286, 311 

-Aurelia Iudiciaria. 293 

——- Baebia de Numero 

Praetorum. 154 

■ -Caecilia Didia 113,177,365 

-Calpurnia de Repe¬ 
tundis. 290, 306 

-Canuleia. 81 

-Canuleia de Connubio 152, 

■ - Cassia Agraria.229 

- Cassia Tabellaria.,108, 298 

-Censui censendo. 167 

-Cincia Muneralis.313 

-Claudia. 914 

-Clodia.‘ " 274 

-Coelia Tabellaria. 108 













































































































































































































































INDEX, 


Page 


Lex Cornelia Baebia de 

Ambitu. 308 

-Cornelia de Falsis.... 307 

-Cornelia de Iniuriis.. 274 

--Cornelia de Magistra- 

tibus. 175 

-Cornelia de Maiestate 302 


-Cornelia de Provinciis 

191 

-Cornelia de Repetun- 

dis. 307 

-■ Cornelia de Sacerdotiis 

326, 329 


-Cornelia de Sicariis 304, 

305 

-Cornelia de Tribunis 

Plebis. 145 

-Cornelia Fulvia de 

Ambitu.. 308 

-Cornelia Iudiciaria 290, 

291, 293 

-Curiata de Imperio .. 117 

-Domitia..104, 325, 326 

-Duillia de Provoca- 

tione.285 

-Fabia de Ambitu_308 

-Fufia. 113 

-Falcidia.263 

-Flaminia Agraria.... 230 

— Furia.263 

- Furia Caninia.102 

-Gabinia Tabellaria... 108 

-Hortensia....114, 124, 243 

■-Icilia.144 


-Iulia de Sociis.. .68, 89, 92 

• -Iulia de Provinciis 187, 

192 

-Iulia Agraria.231 

-Iulia de Formulis.... 278 

-Iulia Iudiciaria. 293 

-Iulia de Maiestate. 302 

--Iulia de Peculata .... 307 

-Iulia de Vi.303 

-Iulia de Repetundis... 307 

-Iulia de Ambitu. 309 

• -et Papia Poppaea 

249, 253, 255 

-Iunia Norbana.103 

-de Repetundis . 307 

-Licinia. ..81, 116, 136, 149, 

152 

-Licinia Iunia. 114 

-Licinia Agraria. 229 

-Linicia de Sodalitiis .. 297 

-Licinia de Ambitu .. 309 

-Livia Iudiciaria. 293 

-Lutatia de Vi. 303 

-Marcia.. 166 

-Maria de Ambitu .... 308 

-Naturae. 242 

-Ogulnia.326, 329 

-Ovinia..213 

-Papia.334 

-Papiria Tabellaria.... 108 

-Petronia.95, 314 

-Plautia Papiria de 

Sociis.68, 89, 92 

-Plautia Iudiciaria .... 293 

-Plautia de Vi.303 

-Poetelia.83, 270 

-Poetelia Papiria.310 

• -Pompeia de iure ma- 

gistratuum. 177 

-Pompeia Iudiciaria... 293 

-Pompeia de Vi.303 


479 


Page 

Lex Pompeia de Parricidio 305 

-Pompeia de Ambitu... 309 

-Porcia de Provoca- 

tione.286 

-Porcia de Repetundis. 306 

-Publilia..ll6. 119,124, 157, 

165, 243 

-Publilia de Magistra- 


tibus Plebeiis.141 

-Pupia. 114 

-Remmia.315 

-- Roscia Theatralis.. 75, 354 

-Rupilia. 1S6 

-Sempronia Iudiciaria.. 

74, 216, 289, 292 
-Sempronia de Provin¬ 
ciis Consularibus. 191 

-Sempronia Agraria .. 230 

-Servilia Agraria. 231 

-Servilia Iudiciaria. 293 

-Servilia de Repetundis 307 

-Sulpicia de Sociis .... 68 

-Talionis.274 

•-Thoria Agraria. 231 

-Trebonia.142 

-Valeria de Provoca- 

tione.81, 134, 135, 285 

-Valeria Horatia ..124, 148, 

217, 243 

-Valeria Horatia de 

Provocatione. 285 

-Varia de Maiestate... 302 

-Vatinia. 186 

-Villia Annalis. 173 

-Voconia. 263 

Libare.343 

Libelli Famosi. 274 

Libellus Munerarius. 361 

Liber. 460 

Liber Pater. 320 

Libera.320 

Liberalia.320 

Liberi. 80 

Liberi Iusti.250 

Libertas Iusta. 101 

Libertini.,80, 173, 250, 378, 385 

- Names of..101 

- Social Condition 102 

- Political Condi¬ 


tion. 102 

Libertinus. 101 

Libertus. 101 

-Orcinus. 101 

Libertina.323, 425 

Libitinarii .425 

Libra.408 

Librarii.462 

LibriLintei.458 

- Pontificates.328 

- Sibyllini. 330 

Libripens.258, 260 

Libum.342 

Licia.458 

Lictor Curiatus.116, 117 

- Proximus. 134 

Lictores.134,198 

- Atri.426 

- Paludati.401 

Lignarii. 33 

Ligula.411 

Ligulae.442, 454 

Linteo.:. 458 

Lintea.404, 431 

Lintearius. 458 

Lintei libri. 458 


Page 

Linteum. 455 

Linum. 458 

Li qua re (Vinum) .439 

Lis Vindiciarum. 282 

Literae Laureatae.394 

Literator. 422 

Litis Contestatio. 280 

-Aestimatio. 300 

Lituus.112, 329 

Local Tribes. 68 

Locare.170, 271, 272 

- aliquid faciendum. 272 

-utendum.... 272 

Locatio et Conductio ..271, 272 

Locationem Inducere. 239 

Locator.. 272 

Locus Consularis.441 

Loculi.422, 426 

Loculamenta. 462 

Locupletes. 71 

Lora.438 

- Rubra. 461 

-Patricia.221 

Lorarii. 99 

Lorica.384 

Loricati.385 

Losna. 318 

Lower Forum.12, 16—21 

Lua Mater. 321 

Luceres. 71 

-. s. Lucerenses. 61 

Lucta.350, 432 

Lucumo. 61 

Lucus.325 

-Camenarum. 34 

-Esquilinus. 37 

-Fagutalis. 37 

-Furinae. 49 

-Iunonis Lucinae.... 37 

-Mefitis. 37 

-- Poetelius. 37 

Ludere Pila.4'<2 

- Par Impar.444 

Ludi Apollinares...l54, 318—347 

-Cereales..347 

-Circenses.346, 347 

- Conceptivi.346 

- Funebres....346, 359, 427 

-Gladiatorii. 359 

-Imperativi. 346 

-Literarum. 421 

-Magni.318, 346, 347 

- Magister.422 

-Megalenses. 347 

-Piscatoni. 154 

- Romani..157, 318, 346, 347 

- Scenici.346, 252 

-Stati. 346 

-Seculares.375, 376 

-Votivi.346 

Ludio. 352 

Ludus Duodecim Scrip- 

torum. 414 

-Latrunculorum.... 444 

-Literarius. 421 

-Troiae.351 

Luna.318, 319 

Lumina prima. 429 

Lunula. 221 

Lupercal.29, 322, 335 

Lupercalia.322, 338 

Luperci. 335 

Lupercus. 29 

Lustrare Agros. 331 

Lustrum.170 374 











































































































































































































































480 


INDEX. 


Lympha.*. 320 

Lyra.. 

Machinae. 330 , 402 

Macrocollum. 459 

Macte.. 

Maeniana. 7777 17 

Magister Collegii. 329 

•-Equitum. 150 

■---Navis. 406 

"" * Eagi.... 69 

---Populi. 146 

-Societatis. 239 

- —- Vici. 69 

Magistrates of Coloniae.... 89 

-—-- Election of. 172 

-General Re¬ 
marks on the higher.172—184 

—-Inferior under 

the Empire. 201 

Inferior under 


Manumissio per Mensam 

--— per Testamentum 

--7 per Vindictam... 

Manumission, Informal... 

-by the State 

77-7"-of Slaves.... 

Mansiones. 53 

Mantelia. 7777 442 

Manus .249 

Ferreae.‘ 407 


Papre 

103 

101 

100 

103 

103 

100 


the Republic. 195 

-of Municipia... 91 

~-New, under the 

Empire. 199—201 

---of Praefecturae 

Qualification as 


92 


to age .. i 73 

■,-Qualification 


as 


to birth. 173 

~ _- Qualification as 

to Re-election. 175 

Magistratum deponere. 180 

Magistrate.79, go, 172 

““777- Ordinarii— 

Extraordinarii— Curules 
—Non Curules—Patricii 
—Plebeii — Maiores— 

Minores. 183 , 184 

----Designati.179 

rr~ 77 T 7 ;. Vitio creati.... 179 

Magistn Vicorum. ICO 201 

Maia... 1 319 

Maiestatem minuere. 302 

Maiestas .. 302 

Major Consul.135 

Maiora Auspicia .....’.'.' ** 134 
Maiores Flamines.332 

H a ! us v. 319 , 362 , 367 

Maius Impenum. 134 

Mala Carmina. * 97 4 

Maius. 77 404 

Matutinus Pater..eon 

Mamers. 7.7 319 

Mamertinus Career 90 

MamiUare./“ 4 % ; 

Manceps.939 079 

Mancipatio. 2 58 , 260 

Mancipio dare—accipere .. 258 

Mancipium. 94 

Mandare. ****** 972 

Mandata Principum 


77-Iniectio. 269 , 278 

*J a PP a . 349 

Marss. Mavors. 77 319 

■- Gradivus. 333 

;- Silvanus. 319 

Marriage. 249—252 

■ Ceremonies. 421 

77 - in Ma P. 423 

Marspiter. 310 

Mater Matuta." ” 399 

Materfamilias.." 251 

Matrona.‘ j ‘ ‘'' 2 ji 

Matronalia,.317 

Matrimonii Dissolutio,. 252 

Matrimonium Iniustum... 250 
Iustum. 250 


245 


Mandatarius272 
Mandatum..271 072 

AT n n o * * * y ~ 16 


Mane. 

Manes... 
Mangones 
Mania, 


428 

.... 323 
• • • • 96 

Manicatae Tunicae.’ 452 

Manipulus.... 3^2 qqj 

Manum Conserere..... 282 

Manumissio. ” 100 

"-Per Censum.’. 101 

* ---inter Amicos 103 

* -—-Iusta. ioi 

-per Epistolam 103 , 


Mausoleum Augusti .’.’.’.’.* “47 

Meals. 436 

Medicamina Faciei*.’.!.4-,7 

Medius (Lectus). ” * * 440 

Megalesia.157, 323 

Mensa. 777 . 440 

Mensae Secundae.* * 442 

Mensarii. 97J 

^ nS ? S VV• 367 ,'' 368 , 37 

Men sis Intercalaris. 372 

Menstruum. * 09 

JMercatores.* ’ * ’ *" * 930 

Mercurius....... ai o 

Merenda. 7777 437 

Meridiani..'.*.'" 360 

Meridiei Inclinatio. 49s 

Meridies. ’ * * 4 . 7 S 

Meium. 77777 440 

Meta Sudans. * * * 36 

Meton, Cycle of. 777 * 370 

Metatores. 09^ 

Micare (Digitis).* *" * 444 

Mile, Roman, compared with 

Enghsh. . 

Military Affairs..397 499 

-Pay... 

———■—Standards. 990 

Milites.. vA 

Militia Equestris..* 79 

ATfllst t>., * ... . 


Missus. 349, P 440 

Mitrae. 451 

Modius.. .‘.409, 461 

Modus Lydius. 449 

--- Dorius... 449 

777 —Phrygius. 449 

Mola Salsa. 342 

Monaulos... 44 ^ 

M° ne t a . 7777 416 

Monilia. 456 

Monocrota. .’*.**”* 405 

Mons Albanus.77 1 

- Aventinus. 2 32 

- Augustus.’ ’ 34 

- Coelius.. 34 

- Capitolinus. 2 25 

-- Cispius.. 2 * 36 

-- Esquilinus. 2 36 

— gPPius..‘ 2,37 

- Palatmus. 2 28 

- Pincius.* 9 ’ 38 

- Querquetulanus .... 2 ’ 34 

— Sacer. 444 

- Saturnius. 5 

- Tarpeius." 25 

- Testaceus.. ’’ §3 

- Vaticanus. 3 49 

Monte Testaccio.’. ’33 

Month, divisions of.363 

Months, Julian Year.362 

— Year of Romulus, 


Mille Passuum. * * ’ * 4 A 9 

Milliaria,.77." 53 

Milliarium Aureum . iq 

Jfimi. 356 

Minerva. 317 S 90 

Minerval. 777 ; 422 

Ministers of Religion 326—337 

Minor Coelius. 2 

Minor Campus..777" 346 

Minora Auspicia.. ".*."." 184 

Minores Flamines ..,.77 339 

777 — — Magistratus...."."."." 195 

Minus Imperium. 10 , 

Mirmillones.... . 

Missilia.. 

. :::::::: ££ 


367 

A-— Numa 368 , 372 

Monumentum Catuli. 26 

77——-- Marii. 26 

Morbus Comitialis. 114 

Moriones. ’ 4l7 

Morra. 7777 444 

Mors.goo 

Morum Regimen. 16 * 6 * 168 

Mourning Dress. 457 

Mucia Prata. 49 

Mulciber.. ”* am 

Mulcta.. -jiA 

Mulleus.. 7 * 7 * 7 " .*."" 221 

Mulsum. 7 ".439 

Mundus Muliebris ’.".". ’ ’". * ’ 457 
Munera Gladiatoria.... 346 ", 358 

Mumcipes.. 90 

Municipia. *77 7 90 92 

— - in the Provinces 190 

Munus.. 4 ^60 

Murrhina (Vasa)’.!.’ 7’ 7“ ‘" 4 43 

Musculi. ’ 400 

Music. 7777 447 

Musical Instruments... 443 

Mustum ..438, 439 

Lixivium. 438 

--I ressum. 433 

Tortivum.* 433 


MutareYestem.."’ 

Mutui Datio.* 268 

.108, 299 

Names, ........ 77 7 7ei -63 

-ofLibertini. ini 

-- of Slaves. 95 

-—7- of Women. 6 3 

Nam. /r» 

Nardus...7.77 4 In 

Nardinum.77*. 447 

Natatio.777" 351 

— - s. Natatorium.4:14 

Nauclerus. ? A ~ 

Naumachia. 77 " 7 354 


































































































































































































































INDEX, 


481 


Page 


Nautae.40(5 

Nautea.403 

Navales Socii. 406 

Navalia. 47 

Naval Affairs..402—407 

- Warfare.406 

Navarchus.406 

Naves. 403 

-Longae. 405 

-Praetoriae. 406 

-Turritae.406 

Nefas.324 

Negotiatores.431 

Nemus Caesarum. 49 

Nemoralia. 318 

Neptunalia.319 

Neptnnus..319 

Neria s. Neriene.319 

Nervi.449 

Nethuns. 319 

Nexi.269 

Nexu Solutus.270 

Nexu Vinctus.269 

Nexum.269 

Nexum ire... 209 

Nexus.269 

Niglit, Divisions of..428 

Nobiles. 67 

Noetis Mediae Inclinatio... 429 

Nominis Delatio.295 

Nomen. 61 

.- Facere—Scribere.. 270 

- Latinum.94, 378 

- (Mercantile).270 

-Transcriptitium ... 270 

Nomenclator.. 178 

Nominis Receptio. 295 

Non Liquet.108, 299 

Nonae.363, 368 

Notice of Comitia. 113 

Notatio Censoria. 168 

Notio Censoria.168 

Nova Nupta.423 

- Via. 22 

Novellae (Constitutiones 

Iustinian).246 

.-(Constit. Imp. Leon,) 246 

-Constitutiones (Cod. 

Theod.). 245 

Novae (Taberaae). 18 

Novacula..458 

Noverca.. 267 

November.362, 367 

Novi Homines. 67 

Nox Intempesta.429 

Nox Concubia.429 

Noxae Deditio. 310 

Nubere.425 

Nummi Familiarum. 416 

Nuntium Mittere.423 

Nundinae.364 

Nuptiae cum Conventione 251 

.- Iniustae.250 

.- Iustae. 250 

--. sine Conventione 251 

Nuntiatio.112, 113 

Nurus. 267 

Oath of Office for Magis¬ 
trates. 180 

Obelisks in the Circus .... 348 
Obligationes, Definition 

and Classification.268 

.-ex Consensu 271 

--ex Delicto 273,275 


Page 

Obligationes, ex Contractu.. 

268—272 

-Litteris.. 270 

-quasi ex De¬ 


licto .274 

-quasi ex Con¬ 
tractu. 274 

---Re. 268 

-Verbis.269 

Obmovere.342 

Obnuntiatio.112,113 

Obolus.409 

Obsecrai-e.324 

Obsignatores. 298 

Obsignare. 461 

Obsidio.399, 401 

Obsidione Cingere.401 

Ocrea.384 

Octodecim Centuriae Equi- 

tum.69, 72, 73 

October.362, 367 

Octavae.233 

Octussis.. 408 

Octaviae Opera. 45 

Octaeteris.370 

Odd and Even.444 

Oeci. 465 

Official Dresses. 454 

Officers of Legion.386 

Omen.328 

Onychites s. Onyx. 440 

Opalia. 319 

Operae (Publicanorum)... 239 

Opisphorae.404 

Opifex. 431 

Opisthographus. 460 

Oppidum. 348 

Oppida. 93 

Oppius, Mons.2, 37 

Oppugnatio.399 

Ops. 319 

Optimates. 67 

Optio. 33 4 

Optiones.. 386 

Orae.404 

Orchestra.221, 354 

Orciniana Sponda. 426 

Orcus.321 

Ordines Remorum.405 

OrdinariL. 360 

Ordo. 384 

- Equester..71, 74 

- Magistratuum.174 

-Publicanorum.238 

- Scribarum. 198 

- Senatorius.223 

Organization of Legion.... 381 
Origin of Roman People .. 60 

Ornamenta Aedilitia.140 

-Consularia.... 139 

-Praetoria. 140 

-Quaestoria.... 140 

Oscines. Ill 

Osiris.323 

Ostia. 348 

Ostiarius.463 

Ostium. 463 

Ova.348, 350 

Ovatio. 395 

Ovilia.46, 108 

Pactum Dotale.253, 254 

Paedagogus.422 

Paenula. 454 

Paganalia.69, 319 

2 i 


Page 

Pagi. i 9 

Pagina.459 

Palaestrae. 433 

Palatium.2, 28 

Palazzo Caffarelli. 25 

Pales—Palilia.322 

Palimpsestus. 460 

Palla.453, 456 

Pallas.317 

Pallium.451 

Palmae.352 

Palmipes.409 

Palmulae.405 

Palmus.409 

-Mai or.410 

Paludamentum.401 

Paludatus.401 

Paludes Pomptinae. 1 

Palus Capreae. 48 

Pan.322 

Pandectae.246 

Pantheon. 47 

Pantomiiui.352 

Papyrus..459 

Parcae.323 

Parens Patriae .208 

Parentales Dies.428 

Parentaha.428 

Parentare.428 

Parma .384 

Parrici Quaestores .. ..289, 304 

Parricida.304 

Parricide, Punishment of 305 

Parricidium.300, 304 

Parties in Civil Suits.277 

Pascua. 232 

Passus .409 

Pastores .234 

Patagium. 456 

Patella. 343 

Pater Patratus.83, 332 

Pater Patriae.208 

Patera .343 

Paterae.443 

Patres. 63 

-Conscripti . 77 

-Maiorum Gentium 77 

-. Minorum Gentium.. 77 

-—Patricii. 77 

Patria Potestas.247 

Patricii. 63 

Patrimi et Matrimi. 251 

Patrons and Clients. 64 

Patroni. 63 

Patroni (legal). 277 

Patronus. 101 

Patronus and Libertus.... 101 

Patronus (pleader). 312 

Paxillus. 405 

Pay of the soldiers. 391 

Pecten.449—155 

Pectorale. 384 

Pecuaria.. 411 

Pecuarii.158, 234, 238 

Peculatus. 307 

Peculium. 95 

-Castrense.259 

Pecuniae Residuae. 308 

Pedarii Senatores.220 

Pedes.404 

Peditatus.378 

Pedites, Number in Legion 381 
Pedibus in Sententiam Ire. 219 

Pellex.250 

Penates.321 





































































































































































































































4*2 


INDEX. 


Pen sum. 458 

Penetralia.’* 464 

Perduellio. 300 

Peregrin!.80, 85, 250 

—-— Dediticii. 85 

Peregrina Iurisdictio. 153 

Perfumes.. 

~-— mixed with wine 446 

Pergamena. 459 

Period of Military Service 392 

Peristylium. 4*34 

Perscribere ab Argentario 271 
Personae, Alieni juris.... 247 

■-Classification of 247 

• -- in Mancipio_256 

--in Manu. 249 

---— in Potestate Pa- 

rentum. 247 

• -- in Tutela.” 254 

Sui Iuris.247 


Pertica.. 409 

Pes . 404 

— (measure).409 

Petasus. 450 

Petere. 179 

Petitio. ;;;;;; 179 

Petitor.. 267,2 77 , 315 

Petitores. 479 

Phalanx.332 

P lalangae. 402 

Phalerae. 395 

Piiialae. 443 

Philosophus. 42“> 

Philyra.445, 461 

Philyrae. 459 

Phimus. 443 

Phoebus. 818 

Pliupliluns. 320 

Piazza di Pescheria ....... 46 

—- Navona. 48 

Picariae. 234 

Pignoris Captio.’* 278 

Pignus. 269 

Pila.432 

- Trigonalis.433 j 

-Paganica. 432 I 

Pilae. 462 

Pi I uni.^34. 

Pinacotheca. 465 

Pinarii.. 

Piseatorii Ludi. 49 

Piscina.. 

—;- Publica. 34 

Pistores.. 

Pistrinum.,* 455 

Pitcli and Toss.444 

Pius, as a title. 209 

Piagula. 459 

Planipedes.. 

Planipediae.356 

Pleaders in Courts of Law 311 

_323 

Plebs, amalgamated with 

Clientes. 66 

-of later times. 66 

—— origin of.,. 65 

P ebes s. Plebs, origin of... 64 

P eb nan Gentes. 66 

P ebiscita. 123 , 243 

P ectrum. 449 

Pleaders, Remuneration ..' 

I ea ling, Time allowed... 

PJutei. 


Poculum. . T m 

Podium. 35s 

Poena Capitalis. 83 

Pollex. * 409 

Pollinctor. 495 

Polluctum. 3J2 

pollux . 321 

Pomendianum Tempus.... 428 

Pomoerium. 4 

Pomona. .*’*"* 322 

Pompa Circi...** 352 

■ -Funebris. 426 

--Nuptialis.421 

Pons Aelius. 54 

--Aemilius. 51 

-Aurelius.52 

-Cestius.. 5i 

-Fabricius. 51 

-Gratianus.. 51 

-Lapideus. 51 

■ -Lepidi.* 54 

■ -Mil vius. 52 

-Neronianus. 52 

-Probi. 


Pjl2*0 

Porticus Aemilia. 33 

-— Argonautarum.... 47 

-Catuli. 29 

-- Corinthia. 44 

--- Europae. 43 

Metelli..... 45 

Octavia. 44 , 45 

Polae. 43 


-Pontes, Ponticulus(in 


52 


voting). !03 

— -- Sublicius. 8 , 50 

Ponte S. Angelo. 51 

■-S. Bartolomeo. 51 

-Molle. 59 

--Quattro Capi.51 

-Itotto. 5 i 

—— Sisto. 52 

Pont ?s.50, 4 3 

Pontifex Maximus.326, 327 

~—---under 

the Empire. 206 

Pontifices.326—328 

— -Minores. 327 

Popae.. 321 


-Pompeii. 44 

— -Vipsania. 43 

1 ortitores. 2*8 

Portoria. .""**** 235 

Portunus. 349 

Posidonium. ’ 47 

Po <sessio.....!!! 226 

Possessor.. . . 226 

Possidere. " 226 

Postliminium.”* 83 

Potestas. 134 , 181 

(Tribunicia). 204 

Potitu. 33g 

Praecinctiones.354, 356 

Praecones. uia 

Praedes.281 

Praefecti.* 437 

■-Aerarii. let 

-- Morum. 174 

~—~— Sociorum. 3 56 

Praefectus Aegypti. 193 

-Alae. 384 

Annonae s. Pei 


Populares.’ * 67 

Populi Fundi... ’”** <>> 

Populus Pomanus. 60 

--— et Plebs. 65 

Porca Praecidanea. 428 

Porta Capena. 7,33 

- -- Carmentalis.’ 7 

-- Coelimontana. 7 

-Collina. 7,335 

-Decumana. 397 

-Esquilina. 7 

-Flaminia.* ‘ ‘ 43 

-Flumentalis.. 7 

- Fontinalis. 7 

- Ianualis. 20 

- Lavernalis. "7 

-Mugionis s. Mugonia 5 

-- Naevia. 7 

- Navalis.", 7 

-Palatii.* 5 

-Praetoria. 397 

-- Principalis Dextra.. 397 

---Sinistra. 397 

Querquetulana s. 


Frumentariae.158, 200 

--Augustalis. 193 

-Classis. 406 

Navis. 406 

Praetorio .. 200 , 390 

Urbi. 132 

Urbis s. Urbi ..171 
Vigilum 160, 200 , -90 


312 

312 

400 


Querquetularia. 7 

-- Patumena.* 7 

-Pauduseularia.. 7 

-Romana s. Romanula 5 

-- Salutaris. 8 

-Sanqualis.’ g 

-- Scelerata. 7 

-- Trigemina. * 7 

-Triumphalis. 8 , 393 

- 7 - Yiminalis. 7 

Poi’ticus ad Nationes. 44 


Praepetes..’... ’ill 

Praeticae.426 

Praefecturae. 92 

Praefericulum.343 

Praeiudicia.244 

Praeire Verba. 339 

Praemia. 394 

Praemio Legis. . . . . . 176 

Praenomen. 434 

Praerogativa. ...[ 149 

Praesecta.. 

Praesens Profiteri.477 

Praescriptum Puerile_2'2 

Praesides Provinciarum .. 193 

Praeterire. 214 

Praeteriti Senatores ... 169 , 214 

Praetextatus.337, 428 

Praetorian!.... ^39 

Praevaricatio.314 

Praetorship under the 

Empire. 455 

Praetor Peregrinus. 153 

Praetores.133, 153—155 

Praetoriae Cohortes..389 

Praetores, in Criminal 

Trials. 291 

-Aerarii. 404 

Praetor Candidates. 179 

Praetor Tutelaris. 455 

Praetor Urbanus. 453 

Praetor de Fideicommissis 155 

Praetorium. 396 

Prandium.*' 436 

Prata Flaminia . .".".'.*1 43 

-Quinctia.’ 3 

-Mucia.^ 49 






















































































































































































































































































INDEX, 


Page 

Poena Capitalis.. 80 

Postulatio.295 

Pray ere. 3.<8 

Precationes. 338 

Preces.338 

Prehensio.134, 144 

Prelum. 438 

Prensare. 178 

Prensio. 181 

Prescription. 259 

President in Comitia, his 

functions.100 

Priapus..323 

Priests, Age, Precedence, 

Ac.337 

Priests, General Remarks 

on.336, 337 

Primani. 381 

Primigenius Sulcus. 4 

Primipilus.387, 393 

Prineeps.208 

--Iuventutis_76, 208 

•-Senatus.208, 214 

Principes.383-385, 388 

Principia.384, 397 

Principium in the Comitia 

Tributa.. 126 

Principium in the Comitia 

Curiata.. 115 

Privatus.194 

Privigna. 267 

Privignus.267 

Pro Consule rem gerere .. 182 

-Imperio agere.181 

-Magistratuagere .... 181 

-Potestate agere. 181 

Processus Consularis. 137 

Procineta Classis.259 

Proconsul..182,187,193,194,195 

-as an imperial 

title. 205 

Proconsulare Imperium .. 182 
183, 195 

-Imperium of 

the Emperors.. 205 

Proeubitores.383 

Procuratio Aedium sacra- 

rum. 158 

Procurator ....98, 277, 272, 280 
Procuratores Caesaris .... 192 

Prodictator. 149 

Profanus..324 

Professional Business.431 

Profiteri.177, 179 

-ad Publicanum... 234 

Proletarii.70, 378, 385 

Prolusio. 361 

Promulgare Rogationem .. 106 

Promulsis. 441 

Pronubae.*• 424 

Propagatio Imperii. 182 

Property, Right of. 257 

•-Modes of acquir¬ 
ing .258 

Propes. 404 

Propin o. 413 

Propraetor..182, 187, 195 

Propugnacula. 406 

Proquaestor. 182 

Prora.. 403 

Prorogatio Imperii.182 

Proserpina. 320 

Prosiciae .342 

Prothyrum.463 

Protropum.4-38 


Provinces, 
perty... 


Page 

Landed Pro- 

.. 189 

-Constitution of. 186 

-List of, under 

Republic. 90 

-of the Magis¬ 
trates.184—195 

-Taxation. 189 

-under the Em¬ 
pire. 192 

Provincia, Aquaria. 162 

-Signification 184, 186 

—--Urbana. 153 

Pro vinciae Consulares.185, 186, 

191 

-Imperatoriae .. 

192, 193 

-Praetoriae .186, 191 

-Senatoriae..l92, 193 

Provincial Governors ..186. 187, 

188 

Provinciam Dare extra 

Ordinem. 185 

Provincias Sortiri, Ac.185 

Provocatores.360 

Psaltriae. 417 

Public Lands.225—231 

Publicani. 238 

Publicum.232 

-Quadragesimae 235 

Pugilatus.350, 432 

Pugillares. 460 

-Eborei.460 

-Membranei.... 460 

Pugna.351 

Puer. 94 

Pueri Symphoniaci. 447 

Pullati.457 

Pulli. ill 

Pulmentum. 437 

Puls.437 

Pulvini. 440 

Pulvinaria.344 

Punctual. 109 

Punishments.309 

Pupae. 340 

Pupilli.255 

Puppis. 403 

Purpurissum ..457 

Puteal Libonis. 12 

- Scribonianum. 12 

Pyra. 426 

Pyrgus. 443 

Quadragesima.235, 237 

-Litium .... 237 

Quadrans (at the bath) 433,4 6 

-(weight)... 408 

-(coin) ..412—433, 436 

Quadrantal. 410 

Quadrigae. 349 

Quadrigarii.350 

Quadrigati. 415 

Quadriremes.405 

Quaesitores. 160 

Quaestio. 289 

-(Torture). 297 

Quaestor Candidatus..l64, 179 

-Principis. 164 

Quaestores.132, 160—16 4 

-Aerarii.160, 289 

-Caesaris.164 

-Classici.161 

-Consulis. 164 

-(Judicial). 289 


483 

Page 

Quaestores Parricidii . 160, 289 

-Provineiarum 164 

-Urbani. 161 

Quaestorii Ludi. 164 

Quaestorium. 398 

Quaestiones Perpetuae 290-300 
Quaestorsliip under the 

Empire. 163 

Quartarius. 411 

Quaternae Centesimae.... 420 
Quatuordeeim ordines..75 ,355 
Quatuorviri Viis in Urbe 

purgandis.. 97 

Quercus Civilis. 359 

Quinae Mercedes. 420 

Quinarius. 515 

Quincunx. 408 

Quincuplices. 460 

Quinctilii s. Quinctiliani.. 3S5 
Quindecemviri Sacrorum.. 33,0 

Quinquagesima. 237 

Quinquagesima Mancipi- 

onim Venalium. 237 

Quinquatria. 422 

Quinquatrus s. Quinquatria 317 
Quinquatrus Minusculae... 317 

Quinque Tabernae. 18 

Quinqueremes. 405 

Quinquertium. 350 

Quintanae.369 

Quintilis. ■6 -’, 367 

Quirinus.419, 322 

Quiritare. 61 

Quirites. 60 

Quorum in Comitia. 110 

-of Senate.221 

Radere .. 445 

Radius . 458 

Ramnes s. Ramnenses..61, 71 

Iiamnenses Priores. 72 

-Posteriores. 72 

Rapina.273, 274 

Raptim Ludere. 433 

Rationes Conficere. 270 

-ad Aerarium re- 

ferre. 192 

Receptitia Bona.253 

Recuperatores.277 

Redimere. 170 

Redemtor.170, 272 

Redemtores. 238 

Re-election of Magistrates 176 

Referre ad Senatum.218 

Reges.1:4, 132 

Regia.14,331 

Regifugium. 372 

Iiegilla. 423 

Regimen Morum.166, 168 

Regina. 351 

Regio Collina. 8 , 68 

-Esquilina. 8 , 68 

-Palatina. 8 , 68 

-Suburana. 8 , ( 8 

-Transtiberina.3, 49 

Regiones of Augustus .... 9 

-ofServius. 8,68 

-Rusticae. 68 

-Urbanae. 68 

Regis Sacrificuli Domus .. 21 

Reiectio Iudicum.296 

Relatio. 218 

Relationship, Table of De¬ 
grees. 266 

Relegatio. 84 





































































































































































































484 


INDEX, 


_ . Page 

Religio. 324 

Religion of Rome.316 

Remex.405 

Remi.405 

Remigium. 405 

Remoria s. Remuria. 32 

Remulcum. 405 

Renuntiare Magistratum... 179 

Renuntiatio. 252 

Repagula.348, 349 

Repetundae.306 

Repotia. 425 

Replicatio. 280 

Repositoria.442 

Republic....195—199 

Repudium.252, 423 

Res, Classification of.. 256 

-Iudicatae. 244 

-Mancipi. 257 

-Nec Mancipi.257 

Rescripta Principum. 245 

Resecrare. 321 

Reserved Seats in Circus.. 347 

—-- in Theatre 354 

Resignare. 461 

Responsa Augurum.329 

Responsa Prudentium .... 244 

Restipulatio.270, 283 

Restipulator. 270 

Retentio. 254 

Retiarii. 360 

Reticulum. 456 

---Luteum.424 

Retinacula. 401 

Reus.315, 267, 277 

Revenue, Sources. 233 

• from Land. 233 


Page 

Sacellum.324, 405 

-Deae Camae. 34 

-Dianae. 34 

-Ditis. 28 

*-Iovis Fagutalis... 37 

-Larum. 22 

-Minervae Captae 34 

—-— Pudicitiae Patri- 


■-—Mode of Collecting 238 

—-Total Amount... 239 

Revenues.232—240 

Rewards, Military. 393 

Rex Sacrificus s. Sacriflcu- 

lus.133, 331 

RexSacrorum.1.33, 331 

Rex as a title of the Em¬ 
perors. 210 

Rhetor. 422 

Ricae s. Riculae.* 456 

Ricinium. 456 

Robigus—Robigalia.320 

Rogare Legem — Rogare 

Magistrates, &c.106 

Rogatio. 106 

Rogatores.109 

R°gus. ... 426 

Roma Quadrata. 5 

Roman People, origin of.. 60 

Roman Law.241_275 

Roman Law, Systems .... 245 
Romani Cives, their rights 80 

Romulus . 322 

R 01 ’arii.70, 383 

Rostra . 13 

•-Iulia.....* 13 

Rostrum . 406 

Rudentes.. 40 j 

Rudes. * '" 350 

Rudus...35 

Ruminalis Ficus. 29 

Rupes Tarpeia.’." * 25 

Saburra.. 

Saccare (Vinum). 439 

Saccus Nivarius.439 

-Vinarius. 439 


ciae. 39 

-Streniae. 21 

Sacer..309, 324 

-Clivus. 21 

Sacerdos. 324 

Sacerdotes Summorum 

Collegiorum. 326 

Sacra Privata. 117 

—-Via. 21 

Sacramento adigere. 379 

Sacramentum 27S, 283, 324, 379 

Sacrare. 324 

Sacrarium. 324 

Sacratio Capitis. 309 

Sacred Utensils. 343 

Sacred Banquets. 344 

Sacrificia. 340 

Sacrilegium. * * 307 

Sancrosancta Potestas..l4l, 156 

Sacrosanctus. 399 

Sacrum. 324 

Sagittarii.378, 386 

Sagum.401, 451 

Saliaria Carmina. 333 

Saliares Dapes. 334 

Salii.... 

-Agonales. .!!!“ 334 

-Collini. 334 

—- Palatini.334 

Salinae.32, 234 

Saltatrices. 447 

Saltus.350, 410, 432 

Salutatio.429, 430 

Sambuca. 449 

Sambucistriae." 447 

Samnites.. 300 

Sanctus.." 324 

Sapa. 439 

Sarta Tecta exigere .. .170, 272 

Satura. 220 

Saturnalia.3*21' 422 

Satumia.’ 5 

Saturnus ., ’ 320 

Saxum Rubrum. 33 

- Tarpeium. 25 

Scalae.354,3,36 

-Gemoniae. 28 

Scalmus.. 

Scalprum Librarium..' 459 

Scapus . 59 

Scena.353, 354 

-Ductilis.354 

Yersatilis.354 


Scutum ..18.3, 384 

Securis.134, 343 

Secespita.343 

Secundani .381 

Secta tores.47s 

Secular Games.375, 376 

Seculum .375 

Secutores. * 360 

Sella Curulis. 67 

Sellistemium .345 441 

Semestre Imperium.’ 148 

Semisextula. 408 

Semis s. Semissis. 408 

Semis (coin). 412 

Semimodius.] 411 

Semo Sancus. 322 

Semones.322 

Semuncia. 408 

Senaculum. 14 

Senate. 213—224 

-- Manner of choosing 213 

- Meetings, . 217 

•- Mode of Summon¬ 
ing.217 

Mode of conduct- 


Scheda.. 

Schola Octaviae. 45 

Sciaterica.." 499 

Scorpiones. ' 400 

Scribae. 497 

—;-ab Aerario. 198 

Scribendo Adesse.220 

Scribere ab Argentario .. 271 

-Milites. 379 

Scrinia.. 

Scriptura.234 

Scripturarii.238 

Scripturarius ager. 234 

Scrupulum . 408 


ing business. 218 

- Numbers of. 78 

- Origin of . 77 

- Place of Meeting 218 

- Power and Duties 215 

-- Qualifications of 

Members.214 

- Quorum . 221 

-- Relation to Ma¬ 
gistrates .217 

- tinder the Kings... 215 

-under the Repub¬ 
lic.216—222 

•-under the Empire 

„ 222-224 

Senatores Pedarii. 220 

Senatores Praeteriti. 169 

Senators not allowed to 

trade. 214 

Senators, Number under 

Empire.223 

Senatum Consulere .......' 219 

-Legere. 167 

-Numerare.221 

-Vocare s. Cogere 217 

Senatus.16, 63, 80 

-Auctoritas.220 

-— Consultum.. .220, 243 

-— Consultum — 

Turpilianum . 7 

■- — Frequens. 21 

Infrequens. 218 


Seniores. 444 

Sententiam Dicere. . . 219 

Dividere. 220 


Sentina.403 

Sepia. 460 

Seplasia. 447 

Septa.46,108 

-Iulia. 46 

-Agrippiana. 46 

Septem Tabernae. 81 

Septemviri Epulones. 330 

Septimanae.369 

Septimontium. 8 

Septizonium. 30 

Septunx.| 408 

Sepulcrum.’ 427 

Sequestres.. [ * 479 

Serapeum.47 









































































































































































































































INDEX, 


Page 

Serapis.823 

Serieum.457 

Sevrati.415 

Serta.341, 444 

Servants of the Magis¬ 
trates . 197 

Servare de Coelo. 112 

Seriae. 438 

Servi.80, 94-100, 250 

-Ordinarii. 98 

-Publici.103 

-Soluti. 97 

-Vincti.97, 99 

■ -Vulgares. 98 

Servian Walls.. 6 

Serviles Nuptiae.250 

Servilius Laeus. 20 

Servitus. 310 

Servitutes.257 

- Praedioram 

Urbanoram.257 

-Praedioram 

Rusticoram. 257 

-Praediales. 257 

Sescunx. 408 

Sesquipes. 409 

Sestertia. 418 

Sestei'tii. 419 

Sestertio. 419 

Sestertium.418 

Sestertius. 415 

■ -Value of.418 

Sesuncia.408 

Sethlans.319 

Seven Hills of Rome. 1 

Sex Cerituriae Equitum... 72 

-Suffragia. 72 

Sexprimi.198 

Sextans (weight) . 408 

-(Coin). 412 

Sextarius. 411 

Sextilis.362, 367 

Sextula. 408 

Ships.402, 407 

Sicarii. 305 

Sicilicus. 40S 

Signa.392 

Signifer.402 

Signum. 396 

Silentium. 112 

Silice Sternere. 53 

Silicemium. 427 

Siliqua.408 

Silvanus. 322 

Silver Coinage . 415 

Simpulum. 343 

Simpuvium. 343 

Sindon. 457 

Sinistra Ala.387 

Sinus. 415 

Siparium.356 

Sistram.450 

Site of Rome. 1 

Sitella.108, 109, 299 

Slave Dealers. 96 

Slaves..94—100 

-as Witnesses.297 

• -Classification of. 97 

-Dress and Food.... 99 

-Manumission.100 

-Number of. 97 

■ -Price of. 96 

• -Punishments. 99 

Sobrinus (a) Propior.. 672 

Sobrini (ae).267 


Page 

Socci Lutei.424 

Socer. 267 

Societates. 431 

-Publicanoram, 238 

239 

Socii.94, 272, 378, 385 

-Navales.406 

- (Publicani). 238 

Soccus.356 

Societatis Auctor .239 

-Magister. 239 

Societas.271, 272 

Socras. 267 

Sodales Augustales.210, 336 

- Claudiales. 336 

- Flaviales.336 

- Hadrianales.336 

•- Titiales. 336 

- Titii. 336 

Sodalitates—Sodalitia..l78, 309 

Sol. 319 

Solaria.429 

Soldier, the Roman.378 

Soleae.450, 454 

Solennitas Consularis. 140 

Solis Ortus.428 

-Occasus. 428 

Solitaurilia. 341 

Solstitium. 428 

Soluti legibus.176 

Solvere ab Argentario.271 

Soranus.323 

Sordidati. 75 

Sorores Patraeles.267 

Sors. 419 

-Peregrina.153,186 

-Urbana.153, 186 

Sortitio Iudicum. 296 

Sparsiones. 358 

Spectio. 113 

Speculum.455, 457 

Sphaeristerium. 433 

Spina.348, 350 

-Alba. 424 

Spinning.458 

Spolia. 395 

- Opium. 395 

Spoliarium. 361 

Spondeo. 270 

Sponsalia. 423 

Sponsio. 283 

-Poenalis.283 

-Praeiudicialis.283 

Sponsores.. 281 

Sponsus—Sponsa. 423 

Sportula.66, 429, 430 

Spurii. 250 

Stagna Neronis. 36 

Stamen. 458 

Standards. 392 

Stationes. 399 

Statue of Cloelia. 22 

-of Horatius Codes... 14 

-of Marsyas. 17 

Statues in the Forum. 17 

Status. 83 

-Permutatio. 83 

Statumen. 53 

Statumina. 403 

Stilus. 460 

Stipendia Splendidae Mili- 

tiae. 76 

Stipendium.391 

Stips s. Stipes. 411 

Stipulatio.270, 283 


485 


Page 

Stipulator.270 

Stola.456 

Strada del Corso. 43 

Streniae Sacellum.21, 36 

Strigil. 434 

Stroplia. 405 

Strophium. 456 

Stractor. 442 

Strappus. 408 

Subucula. 452 

Subsellia.145, 280 

Subscripts.295 

-- Censoria. 168 

Subscriptores ....295, 312, 313 

Subsortitio Iudicum.296 

Subtemen. 458 

Suburra. 3 

Succession, Law of.. 263 

- to the Empire.. 211 

Sudatorium. 434 

Suffragatores. 178 

Suffragia Diribere — Diri- 

mere—Describere. 108 

Suffragium inire—ferre, &C.106 

Sulcus Primigenius. 4 

Summa Nova Via. 22 

-- Sacra Via. 21 

Summanus.321 

Siunmus (Lectus). 440 

Sun-dials. 4v9 

Suovetaurilia ..-.171, 341 

Suppara.404 

Supparas.453 

-• s. Supparam. 457 

Supplicatio.338, 345, 394 

Suscipere liberos. 421 

Suspensuvae Caldarioruni 431 

Symphoniae. 417 

Syngraphae s. Syngrapha 271 
Synthesis.454 

Tabellariae Leges. 108 

Tabellarii. 461 

Tabellas Diribere. 108 

Tabernaculum.112, 325 

-in Augury 112 

Tabernae Argentariae .... 18 

-— Librariae.462 

■-Novae. 18 

-(Quinque). 18 

-(Septem). 18 

-Veteres. 18 

Tabemola. 3 

Tablinum.465 

Tabula. 460 

- Lusoria. 443 

- Sestia. 18 

- Valeria. 18 

Tabulae Caeritum. 82 

- Censoriae. 166 

-Ceratae.459, 460 

-- Testamenti.460 

- (in evidence). 298 

Tabularium.28,163 

Tabulas conficere. 270 

Tabulata.400, 403 

Taedae.424 

Taenia.405 

Talares Tunicae.452 

Tali. 443 

Teaching.422 

Tellus. 319 

Templum.112, 325 

-Aesculapii. 48 

-Apollinis. 43 
































































































































































































































































INDEX, 


480 


Templum Apollinis Palatini 

-Bellonae. 43 

-Bonae Deae. 33 

--—Capere. 112 

—7 - -- Castoris et Pol- 

lucis. IA 

- -Censurae. 167 

- -Cereris, Liberi et 

Liberae. 39 

■ — Concordiae. 27 

-— Dianae. 32 

--Pei Fidii. 43 

Dianae etIuno- 


Templum Veneris Erycinae"^ 
__ 26, 38 

■-Veneris Genetricis 2 J 

Veneris et Romae 31 
429 
435 


nis Reginae. 44 

Divae Faustinae 14 

* — Divi Claudii.... 35 

* ~—Traiani.... 2! 

-Fauni. 48 

-Feiicitatis. 14 

--— Fidis. 26 

-Florae. . .33 39 

■ MortisFortunae.. ’ 49 

77 .-Fortunae Eques- 

tns.. 41 


38 


- -Fortunae Primi- 

gemae. 

■--— Fortunae Viriiis 

tt 39, 42 

~~ -Herculis Custo¬ 
ms . 44 

—•;-Honoris et Vir- 

tutls --*-.. 33 

--—Iani . 20 

lam Quadrifron- 


tis.. 


Tenebrae Priraae. 

Tepidarium. 434 , 

ici entum.. 

Tergiversatio. *‘"’*‘* 343 

Terminus—Terminalia .... 
rp , 322, 369, 372 

Terreus Munis. ..*.**.'86 

l ertiani. ggj 

Teruncius..7.7.7”! 408 

lessera. 399 

Tesserap H ° Spi ^ al * S ‘ • «6 

Tesserarii.;.7.77 399 

Testamenta. 259 265 

Testamenti Nuneupatio ..260 
Testamentum in Procinctu 259 
testamentum per Aes et 

Libram. o fi0 

Testator.’ “ 

Testes (Criminal Trials)!.’.* 297 
Testimonia (Criminal 

* rials) ..,.. 297 

Testimonia Publica. 298 

Testudo. 4 oo 4 (o 

Thalamus Nuptialis. ’424 

Thalassio. " ao a 

Theatres.......... ”;;.!!! 353 


Tollere liberos.**4®? 

Tondere per Pectinern.... 455 

Tonsores.... 

lonstnna. 

Topography of Rome ... .1_59 

Torcular—Torcularium .... 438 

Ioreumata.. 

Tormenta.... s«n mu 

Torques. 

Trabea . 

Traditio.!!!!.... y™ 

Tralaticium Caput.“ 243 

Trama. ’ 45 g 


455 

405 

455 

455 


380, 100 
... 395 
... Hi9 
259 


Transcriptio. ,7 * ’ * * 271 

Transductio ad Plebem .’ 
Iranstra. 

Trapezitae....;.7.7.7.77. sn 

iresMaximae. 

Tressis.. !!!"**’ 

Tria Fora.!!!!!!! 

——Verba. . 2/li 

Trials, Criminal.-jfii— 815 

.7:7—7 Civil .275—286 

T • n7 ’ X a " V • ‘ 3S3 > 3S4 - 388 

lubes, Original. 6 1 


118 

403 

271 


408 

23 

276 


—— iovis.; 

-- Iovis Capitolini.*. 

Iovis Custodis .. 

-Iovis Feretrii ... 

-Iovis, Iunonis et 


23 

48 

25 
27 

26 


Minerva e.... 25 , 38 

Iovis Statoris... 46 
Iovis Tonantis.. 27 

-Isidis. 3.5 

Iunonis. 46 

‘ “— Iunonis Monetae 27 

-— Iunonis Matutae 43 

Iunonis Reginae 33 
Iunonis Sospitae 43 

-- Iuturnae. 48 

— luventatis. 39 

Libertatis. 33 

Lunae. 33 

Magnae Matris.. 29 

-Martis.34 44 

-- Matris Matutae.. ’ 39 

-Mentis. 26 

-Mercurii.. ‘ 39 

Minervae...ld, 23, 33 


Theatrum Balbi 

Marcel li . 
Pompeii.. 


Thensae 

Thermae 


Agrippae. 

Alexandrinae.... 

Diocletiani. 

Titi. 


Neptuni. 

Facis.'. 

Pietatis. 

Quirini. 

Salutis. 

Saturni . 

Semonis Sanci 

Solis. 

Spei .... 
Summani 
Telluris... 
Tiberini 


44. 


47 
31 
44 
38 
38 
28 

48 
.39, 43 
.. 43 
.. 39 
.. 36 

Martis Ultoris..22, 27 

Veiovis. 27 

Victoriae..’ 29 

Veneris. 39 


4t 
41 
41 

352 
435 

47 

48 

38 

Thermopolia.!!!!!!!!! 439 

™ esan . 323 

thorax. oq 4 

r--Laneus.452 

Threces .. or*rv 

Tibia.!!!!!!!;;;;!;; 22 

Tibiae Dextrae.443 449 

-Doriae.448,’ 449 

Impares.448,419 

Ludicrae.418,449 

— Lydiae.418,149 

-lares .443 440 

-Phrygiae.418,419 

-Sacrificae.448, 449 

Simstrae.448, 449 


Tribes 
corporated 


Local 

and Centuries 


In- 


61 

68 

120 


iiibonianus. *jag 

Tribules... 

Tribum Conficere.... 7.! !.* 178 

Tribunal...280 

.p T Aurelium. 17 

hibuncs 0 1 the Plebs under 

the Empire. ik 

Tribuni Aerarii. 239 293 

7; a ti clavil .•’ 386 

--- Mihtares Consulari 

Iotes tate. . 152 , 153 

-Mill turn 

Plebis. 


Incentivae. 4 is’ 449 

7 : 7:77 Succentivae.418, 419 

Tigillum Sororium.! 

Tina s. Tinia. 

Tirocinium Fori....!! 

Tirones.!.’!"’ 

Tides s. Titienses. ..... 

Titii Sodales. 


448 
.. 37 
.. 317 
.. 422 
.. 359 
61, 71 

Tituius. 4 J 

. .450, 451 

. 177 

. 422 

. • 393, 455 
329, 421, 
422, 455 

.422 

.422 


Toga. 


Candida .. 
Liberior.. 
Rlcta .... 
Praetexta 


'5, 


Pura. 

Viriiis. 


. 386 

Tribunicia Potestas.’ 201 

Tnbunus,.j “ 6 i 

Celemm,. .’..78,132 

7 r~"~~ Plebis Candidatus 179 

Tnbutum. 164 , 235 

1 11 bus lure Voeatae.... 126 

-Praerogativa.! 126 

-Rusticae. 68 

—-Lrbanae. 68 

Triclinia. mr 

Triciinmm. .!!!!!;;;;;; 

T liens (weight). 49s 

—-(coin).■’ 41., 

Tnentalia. 443 

1 ngae. 

Trigon.! 

Trinundinum. 

Triplices. 

Tnplicatio. 

Triptych!. 

Tripudium Solistimum.... 

inpus. 

Triremes..!!!!!!!!! 

Triumphalia Omamenta... 

Triumphus . 

Triumviri Capitales.. ..17 
Triumviri s. Quinqueviri 

Mensarii. 

—-Mon etal es. 197 

~~ 7 — Noeturni. 193 

irochus. 

Trossuli. !!!!!!! 72 


- 319 

.... 433 
• 113, 365 
.... 460 
.... 580 
460 
112 
313 
405 
394 
393 
196 































































































































































Trail,,. P 4 *fS 

Tuba.. 449 

TuJl'annra. 28 

Tumultus. .. "80 

Tunica....400, 402 

-Augusticlavia. ?5 

-Interior s. Intima.. 408 

•-Laticlavia.75, 22 1 

-Molesta. 311 

-Palmata.393, 455 

■-Recta. 4v;t 

Turan. 318 

Turibulum. 343 

Turricula.. 443 

Tunna.384 

Tuntilae Equi turn. 71 

Tumis .. 319 

Turres.400, 408 

Tun is Maecenatiaua. : 7 

Turela..254, 405 

Tutores .255, 256 

—-Tutores Atiliani— 

Dativi—Legitimi—Optivi 255 
Tympana. 449 

U. R. 108 

Ulna. 410 

Umbo. 451 

Umbracula. 358 

Uneia (weight).408, 409 

- (coin). .. 412 

Unguenta. 4 16 

Unguentarii. 447 

Umbilici. 401 

Uniones.. 444 

Urbana Iurisdictio. 103 

Urceoli Ministratorii. 442 

Urn a.108, 109, ill 

Ustrina. 4 g 

Usus (Marriage). 252 

■ -s. Usucapio. 259 

Ususfructus..251, 208 

Usurae.. 419 

■ - Centesimae. 4 0 

■ - Semisses, <fcc. 999 

Uti Rogas. 108 

Utricuiarius.. 449 

Uxor..251, 424 


Vacci Prata. 

\ aenna.. ................ 

Vadari . 

Vades., 81 , 

Vadimonium . 

-Deserere .... 

Vaili. 

Vallis Egeriae. 

• -Murcia. 3 , 39 , 

■-Quirini. 

Vallum. 

Vappa. 

Vasa Unguentaria. 

Vasarium. 

Veetigal Mancipiorum- 

Venalium. 237 

--- Rerum Venalium 9.16 

Veetigalia... 23.2 

• -Conducere. z 38 

-Locare. 238 


29 

323 

281 

2.s8 

281 

281 

396 

34 

347 

37 

396 

439 

416 

187 


INDEX. 


Veetigalia Redimere 

Vedius. 

Veiovis.. 

Vela. 


Velabnun 

Velia. 

Veiites... 
Venalis... 
Venalitii. 
Venatio .. 


Page 
.... 2 58 
.... 321 
.... 321 
»• • • • 357 
,3,39, 40 
.... 2 , 80 
3S3, 384 
.... 94 
.... 66 
.... 351 


-Direptioms. 351 

Venefici. 305 

Veneticia. 306 

Ventralia. 454 

Venus. 318 , 320 

-(in dice). 443 

Verna . 94 

Vernae. 99 , 250 

Versura.. 

Versus. 410 

Vertumnus. 322 

Vespera. 429 

Vesperna. 430 

Vesta—Vestalia. 318 

Vestales . 334 

Vestalis Maxima. 3 5 

Vestem Mutare. 75 

Vestes Rombyeinae. 457 


Coae .............. 457 

- Holoserieae.457 

-Subsericae. 457 

Vestibulum. 403 


VestisSerica. 457 

Veteres (Tabernae). 18 

Veto. 143 

Vexiila.383, 390, 392 

Vexillarii. 390 

Vexillarius.382 

Vexillum. 383, 405 

Via. 258 


-Appia— Latina—Prae- 

nestina—Gabina—Colla- 
tina — Tiburtina — Sub- 
lacensis— Nomentana— 
Salaria—Fluminia— Cas¬ 
sia — Claudia — Valeria 
— Ostiensis.53, 54 


-Flaminia. 43 

-Lata.42, 43 

-Nova. 22 


-Quintana ... 

-Sacra. 

-di S. Vitale. 

Viae—Viae Militares. 
Viatores. 

.... 21 
.... 37 
..52—54 

Vicarii ..... 


Vicarius. 


Vicesiinani. 


Vicesimarium Aurum 

.... 236 

Vicessis. 



487 



Page 

Vicus Tuscus. 

...4, 39, 40 

Victimae. 

.. 340 

Victimarii. 

. 341 

Victoriati. 

.. 416 

V igesim a Hereditatium... 239 

-- Manumissionum 236 

Vigiles. 


Vigilia Prima, <tec. 


Vigiliae. 


Villa Publica. 


Villicus. 


Vinalia. 


Vincula. 


Vindex. 


Vindicare. 


Vindieiae. 




Vindicta.. 


Vineae. 

-400 

Vinum. 


- de Clnpn . . 


- Diachytum 


- Doliare. 

. 438 

- Passum. 


- (varieties).. 


Viridis Pannus. 


Vis 



— Quotidiana .... 


Visceratio. 

.427 

Vitia. 

. 341 

Vitricus. 


Vocatio.134, 143.181 

- in Ius. 


Volones. 


Volsellae. 

• • • • • • 

Vomitoria. 


Voting in Comitia.. 

..107—110 

Votiva Tabella. 


Votum. 


Vulcanal. 


Vulcanalia. 


Vulcanus. 


Walls of Aurelian .. 





1 "v 

-Romulus... 


-Servius Tullius 5. 59 

vv eaving. 


Week, Roman. 


Weights. 


Wills. 


Wines. 


-- mixed -with 

Per- 

fumes. 


Worship of the Gods. 


Writing Materials... 



Vici.69, 93 

Vicus Cyprius. 3 

—— Frumentarius. 33 

- Iugarius.439, 40 

-Lurgus. 37 

- Patricias .. 3 

-Sandalius. 462 

-Sceleratus. 3 


Xylinum . 457 

Year of the Decemvirs. 372 

-Julian. 362 

- ofNuma.368, 372 

-of Romulus. 367 

Zona. 4 56 
















































































































































































Quum tibi sollicito secreti ad fluminis undain 
Litoreis ingens inventa sub ilicibus sus, 

Triginta capitum foetus enixa lacebit, 

Alba, solo recubans, albi circum ubera nati; 

Is locus urbis erit, requies ea certa labovum. 

Vikg. iEN. III. 389. 




O' 


4'' 


Glasgow: 

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